Son was charged with possession of pot, my name is on the summons

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

Tonight my son was out with a friend and they were parked, planning on smoking a joint when the police pulled up. My son (clean record) fessed up and told the cop what they were planning to do.

The car they were in is registered to me and when he showed me the summons, the summons is in my name. it has all of my DMV info (social sec number, DOB, etc). my son signed the ticket in his name.

I know I have to go to court now since it is in my name, but what are the chances it gets thrown out since it has the wrong info

Thanks in advance!

Slim to none

vadonkey said:

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

Tonight my son was out with a friend and they were parked, planning on smoking a joint when the police pulled up. My son (clean record) fessed up and told the cop what they were planning to do.

The car they were in is registered to me and when he showed me the summons, the summons is in my name. it has all of my DMV info (social sec number, DOB, etc). my son signed the ticket in his name.

I know I have to go to court now since it is in my name, but what are the chances it gets thrown out since it has the wrong info

Thanks in advance!

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Actually, the chances may be good. I had something along the same lines happen to me.

My daughter was cited for a traffic violation and also for being a minor in possession of tobacco (long story). The cop did the same thing, just copied my info off the registration instead of her info off her license.

We disputed the tickets and I went to court with as much proof as I could to show that I was not driving the car. They dismissed the tickets without even going in front of the judge, because it was clear that I wasn't a minor...LOL.

If you can go to court with documentation or witnesses that can attest that you were not present, the ticket should be dismissed.

LdiJ said:

Actually, the chances may be good. I had something along the same lines happen to me.

My daughter was cited for a traffic violation and also for being a minor in possession of tobacco (long story). The cop did the same thing, just copied my info off the registration instead of her info off her license.

We disputed the tickets and I went to court with as much proof as I could to show that I was not driving the car. They dismissed the tickets without even going in front of the judge, because it was clear that I wasn't a minor...LOL.

If you can go to court with documentation or witnesses that can attest that you were not present, the ticket should be dismissed.

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YOu are aware that marijuana is NOT the same as tobacco, correct? It is very possible that they will rewrite the summons and charge her son afterwards so this is not the be all and end all of the issue. Eventually her son will have to face up to his crimes.

Maybe they kick it Federal?

Ohiogal said:

Eventually her son will have to face up to his crimes.

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Even in the Commonwealth of Virgina, a possession case involving an amount this small is a very minor crime (and it is only one crime) and if the the mater is dismissed because of this serious defect it is more than possible nothing further will come of it.

The parent should get a lawyer to help make sure it plays out that way, instead of trying to 'explain it'.

But I suppose making sure the full measure of state justice, with all legal penalties as well a a record that will mess up colleg financing for the kid is brought to bear on ones children. That should be every parents priority for a minor marijuana charge.

This parent ought to be demanding 30 days for son or else she is a deadbeat and her kids need be snatched by child services - AT ANY MOMENT.

Ohiogal said:

YOu are aware that marijuana is NOT the same as tobacco, correct? It is very possible that they will rewrite the summons and charge her son afterwards so this is not the be all and end all of the issue. Eventually her son will have to face up to his crimes.

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I did not mean to imply that they could not/would not refile charges for her son. I simply meant that they should be dismissed for her.

xylene said:

Even in the Commonwealth of Virgina, a possession case involving an amount this small is a very minor crime (and it is only one crime) and if the the mater is dismissed because of this serious defect it is more than possible nothing further will come of it.

The parent should get a lawyer to help make sure it plays out that way, instead of trying to 'explain it'.

But I suppose making sure the full measure of state justice, with all legal penalties as well a a record that will mess up colleg financing for the kid is brought to bear on ones children. That should be every parents priority for a minor marijuana charge.

This parent ought to be demanding 30 days for son or else she is a deadbeat and her kids need be snatched by child services - AT ANY MOMENT.

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Seriously? You really need to chill. Have a glass of wine and take a bubble bath and relax a little bit.

LdiJ said:

I did not mean to imply that they could not/would not refile charges for her son. I simply meant that they should be dismissed for her.

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I wanted to make sure that was understood by the OP.

vadonkey said:

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

Tonight my son was out with a friend and they were parked, planning on smoking a joint when the police pulled up. My son (clean record) fessed up and told the cop what they were planning to do.

The car they were in is registered to me and when he showed me the summons, the summons is in my name. it has all of my DMV info (social sec number, DOB, etc). my son signed the ticket in his name.

I know I have to go to court now since it is in my name, but what are the chances it gets thrown out since it has the wrong info

Thanks in advance!

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Its not wrong info; they charged the wrong person. Go to court & fight the charge.

Thanks for the replies.
I personally would like them to scare the pure s&!t out of him, realistically I expect that there will be a fine, put him on probation, and the charge goes away after a period of time he stays clean......basically a slap on the wrist since his record is (was) clean.

I am seeking legal counsel, and will probably wait until after the pre trial hearing to retain a lawyer. best case scenario is that this goes away due to the wrong info on the summons, but that is wishful thinking IMO

Ohiogal said:

Seriously? You really need to chill. Have a glass of wine and take a bubble bath and relax a little bit.

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It is hyperbole as a form of sarcastic critique.

Writing a citation for the wrong person is that how a strong case begins?

Forgive me for being so stupid to assume that the poster was interested in their child's defense. Your description of the situation casts mounting a possible defense based on a poorly written up single joint arrest as if he was a habitual offender long dodging comeuppance.

vadonkey said:

I am seeking legal counsel, and will probably wait until after the pre trial hearing to retain a lawyer. best case scenario is that this goes away due to the wrong info on the summons, but that is wishful thinking IMO

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You should get the lawyer when they can do something, which is right away.