West Chester, OH asked in Criminal Law for Indiana

Q: Not given a ticket for drug paraphernalia in Indiana, could I still be charged without knowing?

I was pulled over in Indiana for following a car to close. When pulled over the officer searched my car and found drug paraphernalia. The officer told me that as long as it wasn't a pound of marijuana he wouldn't worry about it. He confiscated my paraphernalia and gave me a written warning for the following a vehicle to close. But not ticket or summoning was given for the paraphernalia. Could the officer still charge me for the paraphernalia without giving me a ticket/summoning at the scene?

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2 Lawyer Answers
Kurt Schnepper
Kurt Schnepper
Answered
  • Criminal Law Lawyer
  • Evansville, IN
  • Licensed in Indiana

A: It is certainly possible you could still be charged, is it likely given you were not cited and given any further documentation? No, I wouldn't expect any charges to follow, not unless you have a run in with the same officer in the near future.

1 user found this answer helpful

Andrew L. Bennett
Andrew L. Bennett
PREMIUM
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Yes, it is possible, however, it will be up to the prosecutor to file charges. If the officer did not write any citation or report and send it to the prosecutor then it is likely not to go anywhere.

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