Will my case get thrown out since I never signed any paperwork saying that I was being charged and the charge was written after the fact?
Question Details: I was pulled over for speeding and got charged for simple possession of marijuana. I didn't know I was charged until I went to pay the speeding ticket. I never signed anything saying that I was being charged, in fact the day I was pulled over the police officer said and I quote, "You are not being charged with anything". I went to court and the assistant district attorney said that the charge was written after the fact. He said that if I pass a urine test then he would drop the charge. I didn't pass but as far as I know the urine sample was thrown out and now I have a preliminary hearing next week. I want to know if the case will be thrown out and what I can expect is going to happen when I go into the court room.
1) There is no requirement for a defendant to sign anything acknowledgeing that he or she is being charged; after all, if that was required, no one could be charged ever, since no one would ever sign the paperwork. This is not grounds to dismiss the case.
2) You can be charged after the fact; there is no law requiring you to be charged immediately or on the spot. This, too, is not grounds to throw out or dismiss the case.