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filing of court petitions

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In the state of Tennessee.
Ok, 3 juveniles and one adult (18) are in a vehicle after curfrew. They are stopped by the police. The officer accuses all individuals of drinking after they had repeatedly stated they had not and even ask to be tested. All were taken to the city hall. the 18 yr old arrested for contributing to minors but was not accussed of drinking himself. The 3 juveniles were picked up by their parents and was told to be in court on Sept. 4, 2002 @ 1:00pm.
(incident accurred on July 15.2002)
noone was given any papers showing the charges ( which was underage drinking and cerfew.)
The juveniles went to court on Sept 4th but no petition had been filed against them so they were told to go home. It just so happened that the officer was in court that day and when she saw the kids at the court and realized she had not filed the petition then she filed it that day (sept 4).
I was told that the officer had 5 days to file a petition from the time she sets the court day. now the court date is Oct.
The parents now have the report stating the court date was originally set for Sept. 4.

Can she now file the petition 2 months later?

Thanks for any and all replies!

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