Q: While getting a ride from a friend he had gotten pulled and i end up getting arrested for possession of a controlled sub
Substance while recently looking up my charges i found out they also charge me with improper statutory citation was wondering what the charges is and means
A: Get with an attorney, have her/him discover all the charges the State has filed and what evidence there is against you, and discuss your options. Good luck.
A: I almost wonder if the word "citation" as used here does not refer to a traffic ticket but instead should be understood as "statutory citation" when means specifying the chapter and paragraph number of a law. In that context, the phrase "invalid statutory citation" sounds like an error message on a computer system.
Imagine a situation where the alleged offense was "Criminal Mischief" but the clerk accidentally typed Penal Code 27.03 instead of 28.03 as the specific chapter and paragraph of the law that was supposedly violated. The Texas Penal Code does not contain a chapter 27. It goes straight from Chapter 25 to Chapter 28 without anything for 26 or 27. That means a statutory citation of Penal Code 27.XX is invalid for any value of XX.
Now think about the computer that looks up your case and displays the results as a web page. If that computer displays the name of the offense based on the specific chapter and paragraph, but those values were typed incorrectly, then the web page might display "Improper Statutory Citation" instead of the name of the offense.
You could contact the clerk's office and find out the actual offense on your case but it is probably a better idea to hire a local criminal defense attorney, especially since the driver was charged with POCS.
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