How long does an officer have to provide me with a citation?
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How long does an officer have to provide me with a citation?
On Thursday the 27th of this month, i had a vehicle issue and had to sit in the
road with my hazards on. An officer approached me and claimed he smelled
marijuana and that he would proceed to search me if i did not hand it over. I
handed him over marijuana and a marijuana extract, both below the felony amount.
He however was not familiar enough with his laws to write me a citation on the
spot. He told me he would be sending the drugs off for testing and needed to
discuss what the charge would with his superior officer. I never signed any
citation or ticket, nor did he write one up at all. I was told that if a citation
isn’t provided within 24 hours of the offense then it is dropped. Is there any
truth to this statement? Thank you in advance.
Asked on December 29, 2018 under Criminal Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, that is not true. A citation or summons can be issued any time within the "statute of limitations for that offense." In your state, depending on how much marijuana was involved and whether the amount you had would be considered a "minor misdemeanor" or a [regular] misdemeanor, that means you could be cited for at least 6 months (minor misdemeanor) and possibly for 2 years (misdemeanor).
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