Andover, MN asked in Criminal Law for Minnesota

Q: Can I fight a marijuana possession charge if I did not sign or receive a citation at time of incident?

The citation was mailed to incorrect address and returned to sender. They finally got the address correct 45 days later and stated I missed the court date and license will be suspended if fine and court costs are not paid in 30 days. I had called court house twice to determine if there was actually a citation issued as I had not received one within 30 days of incident and they informed me they had no record of it.

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1 Lawyer Answer
Luke Neuville
Luke Neuville
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Yes, you can always fight your criminal charges/citation. Generally, the state is given three years to prosecute most misdemeanors and some felonies. Mailing to incorrect address and returned to sender may not be sufficient to get a charge dismissed, but there may be other issues you can raise in your case. Good luck!

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