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Can charges be switched after they are already cited?

tangerine14

tangerine14

Rising Star
Is it possible to be charged with marijuana in the form of edibles (which were actually ground up mushroom chocolates) and get the charges changed in the case that someone discovered their true contents? Say the charges were already given, paid for, ect.

What are the possibilities according to the law?
 
I believe so, however I have never directly heard of it happening. They would say that new evidence has come to light.
In this case, though, I think you'd still be booked with the same charge: manufacturing a distributing a schedule 1 drug.

How did such a mix-up happen? Did they just assume your chocolate was intoxicating without testing it? That sounds like shoddy justice to me.
 
Say the charges were just minor misdemeanors for possession of marijuana and marijuana paraphernalia. The two citations were given and paid for. Just citations, no other penalties, just fines. But if the edibles actually contained mushrooms, can further conviction occur?

Also say it was just a few chocolates, small amount. Would this be a case anyone would even progress or fuck with? I understand the fifth amendment protects receiving the same charges twice, but can new evidence surface another case?
 
You say "paid for" as in sentence been passed, ie fines, confinement, probation?

If so, its my understanding and experience with these matters that no would not. Probably yes if its something serious like violent crimes but I doubt a pot cookie would reason. And it would have to be its own prosecution separate. Not sure where you are but here in the States we have a double jeopardy clause in which you can not ever be charged for the same crime twice. So if you were already charged for possesion of marijuana in this case you can not be re charged.
 
Yes the court date is passed, and fines are paid for. There was no violence involved, just minor possession charges in Ohio. I possessed a marijuana caramel and the chocolates which they assumed to be the same as the caramel and didn't further any questioning. He asked how much I payed for them right before he sent me driving off (this occurred on the ride home from Dark Star Jubilee), and I told him fifty dollars.
 
Sorry saw it was a mushroom edible. I doubt they would bother. It costs a lot of money to do something like this to re-open a case which it would be since its one incedent. But yes they probably could just of matter if they would.
 
Thanks for all the responses, it really gives me comfort lol. I come in contact with other people who were pulled over coming from the same festival by the same officers. I called the courthouse the next day to pay my fines and they said there were so many tickets submitted over that weekend that it would take a few days before mine was even put into the systems.
 
I seriously doubt there will ever be any lab testing done on the items.

My guess, by now the police have either destroyed the items or the officer or one of his buddies has eaten them and has had a bit of a surprise.
 
spinCycle, Yes! That was the first thing I thought of after this happened, is that some clouded blind fool may eat them for shits and giggles and get a little more than what he expected, maybe something life altering (they were respectfully potent).

Hopefully they will be too ignorant to understand that they weren't what they thought, and just leave the sleeping chocolate dog lie.
 
spinCycle said:
I seriously doubt there will ever be any lab testing done on the items.

My guess, by now the police have either destroyed the items or the officer or one of his buddies has eaten them and has had a bit of a surprise.
Click to expand...
That was definitely an episode of Frasier, if I recall correctly.

I'm disturbed that they would be pulling people over that they knew were coming from a festival. What reason did you give them to suspect that the caramels and chocolates would provide anything other then a sugar rush?
 
He found the caramel first which reeked like hash oil. That one was obvious, but the chocolates were scentless, and found right after the caramel.

I had "peanut butter hazelnut fudge" written on the bag that the chocolates were in, and that was even written on my citation. "marijuana caramel, peanut butter hazelnut fudge, glass pipe, ect..."
 
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