Price, UT asked in Criminal Law for Utah

Q: Got a Pos. charge for Marijuana. Was honest and given a warning for paraphernalia. Now its showing as a charge. Pls help

First went to court after the ordeal and was only being charged for Possession of Marijuana. (3 grams) Now after my second hearing, its four charges.

1. Unlawful Tail Lamps

2. Failure to illuminate registration

3 Possession of marjuana

4. Possession of drug paraphernalia

The first charge isn't even part of my ticket and my tail lamps were perfectly legal. Charges 2 and 4 were considered a warning for my honesty and cooperation. Please help. I don't make any sense of why they are charging me now. Will be getting a lawyer for sure.

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2 Lawyer Answers
Michael S. Edwards
Michael S. Edwards
Answered
  • Criminal Law Lawyer
  • Layton, UT
  • Licensed in Utah

A: What you are running into here is an example of "prosecutorial discretion." Whatever the police chose to do on the day you were cited is one thing. But the prosecutor can file a formal charging document called an Information, and charge things that were or were not included in the original citation. It isn't good for you, but it is perfectly legal. Bottom line is that you should do as you have already written that you intend to do-hire a good attorney and work with him/her to obtain the best outcome possible for yourself. Good luck!

1 user found this answer helpful

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr.
PREMIUM
Answered
  • Criminal Law Lawyer
  • St. George, UT
  • Licensed in Utah

A: You need to get an attorney in that area who is familiar with the prosecutor and the judge.

1 user found this answer helpful

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