Can the court charge you for more than what the citation says?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the court charge you for more than what the citation says?
I recently received a citation for minor consumption. On the citation it only says minor consumption. When I was talking to the cops at the scene they had a case of beer and asked if it was mine. I replied no. On the citation they only wrote down minor consumption. So if I have to go to court for this can they charge me for possession as well?
Asked on August 1, 2011 Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is up to the district attorney's office to change the charges against you in the citiation, not the court which you should be worried about.
Potentially the district attorney's office based upon any reports and other evidence obtained at the time you were cited or afterwards in its investigation could very well amend the citation you recived to add offenses beyond that what you were originally cited for.
If you go to court to fight the citation, potentially the prosecuting party against you could ask for leave to amend the citation to conform to proof at trial based upon the evidence expected to be presented against you. In most instances concerning a citation, amendment of the offense is rarely done to add a new offense where a juvenile is involved.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.