Legal Question in Civil Rights Law in Michigan

My significant other recently was arrested on charges of reckless driving and in the process was found with a small amount of marijuana. When he was bailed out, none of the papers or citations had anything on it about the possession issue but the bail receipt. The receipt said he was to appear in court for the various charges, including VCSA. However, he was never informed that he would be charged for that, even upon asking several of the officers at the police station. Is this legal for them to continue to charge him for VCSA, when they never told him that was one of the charges and they didn't write him any sort of citation? The only citations he received were a waived NOP civil infraction and misdemeanor reckless driving.


Asked on 2/18/11, 11:38 pm

2 Answers from Attorneys
Thomas Loeb Law Offices of Thomas M. Loeb

Yes, it is legal. There is no 'the-officer-did-not-tell-me' defense on these facts.

But there are likely other defenses to this. If you or your fiance have questions, please call me.

-Tom

Read more
Answered on 2/19/11, 4:21 am
Timothy Klisz Klisz Law Office, PLLC

I agree with Tom. The charges are still legit. There may be other issues and ge certainly needs a skilled local lawyer to represent him. Kliszlaw.com. Tim Klisz

Read more
Answered on 2/19/11, 6:56 am


Related Questions & Answers

More Civil Rights Law questions and answers in Michigan