Legal Question in Criminal Law in Virginia

Can VA send you a summons in the mail for an alleged possession of marijuana?
I was hiking at the Great Fall National Park and my boyfriend and I were smoking a cigar (black and mild) that could be mistaken for a marijuana cigarette. A park police officer accused us of possessing marijuana and said we smelled and looked like we were smoking the illegal substance, although we were not. We complied with the search which came up empty handed because we weren't doing anything illegal. After the fact, the police officers took down our information (social, license, address, etc.) but did not issue a ticket or summons on the scene. Is it possible that we could receive a summons in the mail for possession. If so, how could I fight it if no illegal substances were found.

Asked on 5/04/10, 9:26 am

Michael Hendrickson Law Office Michael E. Hendrickson

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No, you will not receive a summons to appear in U.S. District Court in Alexandria based upon the scenario described.

Answered on 5/09/10, 12:28 pm

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