Home > Research Legal Advice > Criminal Defense > I got ticketed for use of marijuana and was told at the courthouse days ...
Asked about 1 year ago - Grand Rapids, MI
FlagI was told i had a choice at the time when i recieved the ticket that i could goto jail or get a ticket and make an appearance at the courthouse. i chose to make an appearance.When i arrived at the courthouse, i was told i had a warrant because my charge had been upgraded.
The prosecutor in this case may have reviewed the facts after you recieved your citation and increased the charge. This is always done. You need a criminal defense attorney ASAP. I practice criminal law in Grand Rapids. You may be eligible for a diversion program under the controlled substance act. Feel free to call with any other questions. 616 742 0667.
Yup, it's legal. What happened was the prosecutor saw the ticket for "use" and said to himself/herself, "how am I going to prove that when nobody saw him smoking?" (I'm assuming the police didn't stand there and watch you light up). So instead, they probably charged you with possession, as believe it or not, possession is easier to prove. You should contact a West Michigan attorney to assist you with your case. What happened to you isn't out of the ordinary. Good luck.
It is also possible that if you had a prior marijuana conviction, the charge could have been enhanced to a double penalty. As a double penalty the 1 year maximum penalty misdemeanor possession of marijuana case becomes a 2 year maximum penalty felony case. With a felony charge you would have a right to a preliminary examination to challenge the case.
The rules involving amending charges are very liberal. At the district court level there are few limitations with amending a charge. You should hire a lawyer to help you get a fair result.
Any pending criminal case may be further investigated. In fact, if the obtained properly inventoried case evidence indicated more incriminating evidence (like testing the substance that looked like construction cement which the lab result shows as a 60 lb. of high grade pure cocaine). Of course, it is only an example, as you realize.
Naturally, charges may be upgraded if the prosecution elects to charge a defendant with a more serious offense as what might have happened in your current case.
I trust you need a fine criminal defence attorney in Michigan based on what you described.
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