Legal Question in Criminal Law in Michigan

I got stopped for an out brake light a couple weeks ago and they searched me and my car and found a small bag of weed in my pocket. The officer told me that they had to take it to the lab and do tests and then I will get a warrant out in a couple weeks, but he did not give me any kind of citation or ticket for it. I was wondering if he was supposed to give me one or not? thanks


Asked on 10/26/11, 1:04 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Possession of Marijuana is a 1-year offense. It is too serious of a charge to be a "ticket" crime. It is prosecuted via a complaint issued by the prosecutor. Some prosecutor offices will issue a Possession of Marijuana with only the cop's field test result showing that it is in fact that drug, but others want actual lab reports. Charges in the latter jurisdictions, though, don't get issued as promptly because it can take a month or more for lab reports to come back on drug testing like this. Personally, I think that the "issue based on field test" option is better because (a) only cases that are scheduled for trials will have formal lab testing; (b) 95% of these cases plead out, so you're lightening the load in a crime lab that's already overloaded; (c) lightening the load like this can help speed up testing on other cases.

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Answered on 10/26/11, 1:22 pm


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