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missing charges?

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E

ennie

Guest
What is the name of your state?What is the name of your state? Ohio
My daughter is a minor. She was ticketed for marajuana , tobacco, and paraphernalia posession. When the complaint came, it only listed tobacco, 2151.27, and 2151.87(B)(1). The summons lisited all three in the corner, but there was no mention of marajuana or paraphernalia in the complaint. Was this a mistake, or did the prosecutor drop two charges for some reason? Can she be charged or sentenced for the other two items if they are not on the complaint?
 


I AM ALWAYS LIABLE

Senior Member
ennie said:
What is the name of your state?What is the name of your state? Ohio
My daughter is a minor. She was ticketed for marajuana , tobacco, and paraphernalia posession. When the complaint came, it only listed tobacco, 2151.27, and 2151.87(B)(1). The summons lisited all three in the corner, but there was no mention of marajuana or paraphernalia in the complaint. Was this a mistake, or did the prosecutor drop two charges for some reason? Can she be charged or sentenced for the other two items if they are not on the complaint?




My response:

Obviously, the Prosecutor is an idiot. A criminal complaint is a Constitutional "Notice" document which MUST give Notice of all pending charges. If it doesn't then your daughter cannot be prosecuted for charges not in the complaint. However, if the error is discovered before a jury is empanelled, or before the first witness takes the stand, the Complaint can, with the judge's permission, be amended.

Damn prosecutor. He should know better!

IAAL
 
Last edited:

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