Marijuana Possesion: Officers Forgot to Have Me Sign Ticket

[lordzappa]

What is the name of your state (only U.S. law)? Indiana

I was arrested for <30g marijuana possession a little over a week ago.

A friend noticed that I didn't sign the bottom of the ticket where it said "Signature required for misdemeanors. Failure to sign will result in your immediate appearance before court (C9-30 2-4)".

The police never made me sign anything at the station, and they basically gave me the ticket with the court date and let me go home.

Is my case void? Is there even any evidence that I was arrested?

If so, how can I have the case thrown out, preferably using a public defender

[FlyingRon]

No it doesn't void anything. You'll have to go to court. The signature is just a promise to appear. You don't have to consent to being charged.

You get to your court hearing and if you are indigent and can not afford (rather than are unwilling to pay for) a lawyer, ask for the public defender.

Indiana has conditional discharge available for <30g on a first offense. You probably want to avail yourself of that. You're not getting the case thrown out based on what you've told us.

[lordzappa]

One more question:

A friend hired a lawyer who was able to get him in unsupervised probation for 1 yr and he was able to forego court (all he had to do was sign some papers).

How is this possible? Do I need a lawyer?

[Indiana Filer]

Originally Posted by lordzappa

One more question:

A friend hired a lawyer who was able to get him in unsupervised probation for 1 yr and he was able to forego court (all he had to do was sign some papers).

How is this possible? Do I need a lawyer?

This is a Pretrial Diversion that the prosecutor's office agreed to offer to your friend. It's possible your lawyer could get a similar deal offered to you if you are in the same county. Not all prosecutor's offer pretrial diversion for drug offenses.

What is the name of your state (only U.S. law)? Indiana

I was arrested for <30g marijuana possession a little over a week ago.

A friend noticed that I didn't sign the bottom of the ticket where it said "Signature required for misdemeanors. Failure to sign will result in your immediate appearance before court (C9-30 2-4)".

The police never made me sign anything at the station, and they basically gave me the ticket with the court date and let me go home.

Is my case void? Is there even any evidence that I was arrested?

If so, how can I have the case thrown out, preferably using a public defen

This will not void the ticket. You will still be required to appear on the court date on the ticket. If you don't, a warrant will be issued for you.

[lordzappa]

Originally Posted by Indiana Filer

This is a Pretrial Diversion that the prosecutor's office agreed to offer to your friend. It's possible your lawyer could get a similar deal offered to you if you are in the same county. Not all prosecutor's offer pretrial diversion for drug offenses.

Thank you for the reply.

The problem is I've contacted the public defenders office, and I need to ask for a public defender on my court date.

Will they give me time to sort all this out with the prosecutor's office, or is it impossible to get this sort of deal with a public defender?

Is there a way I can apply for pretrial diversion myself without a lawyer?

[dave33]

You will be given time. It sounds like your next court date will be determination of attorney. The judge will refer you to the p.d.'s office. Than usually in a couple of weeks you will get a court date for a pre-trial conference. That is the start of your plea negotiations. Let your attorney do his job.goodluck.

[Indiana Filer]

Originally Posted by lordzappa

Thank you for the reply.

The problem is I've contacted the public defenders office, and I need to ask for a public defender on my court date.

Will they give me time to sort all this out with the prosecutor's office, or is it impossible to get this sort of deal with a public defender?

Is there a way I can apply for pretrial diversion myself without a lawyer?

You'll have the chance, at the Court hearing, to ask for a public defender. You'll need to qualify for the PD, so expect questions on your assets and income. (They might appoint one and require you to provide documentation of assets and income later. If they find you don't then qualify, you'll have to pay for the attorney's services.) You can get this kind of a deal with a PD, not just with a privately paid attorney. In most IN counties, the PDs are not full-time PDs. Most are attorneys who have a private practice in addition to being contracted with the Court to provide PD services.

You should have a chance to meet with the attorney, and he/she should have a chance to talk with the prosecutor's office about the possibility of pretrial diversion. (That would be the Pre-Trial Conference)

You can ask for pretrial diversion without an attorney. I don't know what the chances are without knowing your prosecutor's stance on pretrial diversion.