Can I be charged with possesion after I have beenn arrested? 44 Answers as of June 11, 2013

I was intoxicated, heavily, according to the police report they found me bleeding on a side walk, when they tried to right me a ticket I ran. I really dont remember the night, but yesterday I got an email from the wvu saying that I had been charged with possession, on my ticket the only charges are public intoxication, and obstructing an officer. Can they charge me if their was nothing in the report or the ticket?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information but generally yes they can add other charges if they discover evidence of it after the arrest.
Answer Applies to: New York
Replied: 10/31/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You can be charged with a DA or summons with any crime or violation that the officer feels was committed.
Answer Applies to: New York
Replied: 9/3/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Yes. Charges may always be amended to include new or modified charges.
Answer Applies to: Minnesota
Replied: 8/29/2011
Fabian & Associates, Inc.
Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
Yes, if you were in possession.
Answer Applies to: Oklahoma
Replied: 8/29/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
You are presumed innocent until proven guilty. Simply because you are charged does not mean that ultimately you will be convicted of any offense. Sure, the prosecutor, upon further investigation, may find additional evidence to charge you with additional counts. Ultimately, when you are arraigned, you will be advised of your charges and their maximum possible penalties. However, even after an arraignment, prosecutors may still seek to additional charges under certain circumstances. The police do the investigative work. However, ultimately, prosecutors determine, authorize, and prosecute the applicable charges. I'd advise you to retain an attorney to assist you with this matter or request a court-appointed attorney if one is available.
Answer Applies to: Michigan
Replied: 8/29/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    You can get charged with possession after you are arrested. Once arrested there is a search of your person incident to arrest and also potentially a search of your vehicle. If drugs or some illegal object/substance is found during those searches then you can be charged.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    If you were in possession of drugs you can be charged with that, even after the initial arrest.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Yes.
    Answer Applies to: California
    Replied: 6/9/2013
    The English Law Firm
    The English Law Firm | Robert English
    When the prosecuting agency reviews the factual summary of the case, they can file additional or different charges if they believe it is supported by the evidence.
    Answer Applies to: California
    Replied: 8/25/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You can be charged with anything the police want to charge you with, but remember this: they have to have PROOF, and if they recovered no drugs on you, they do not have a case that will stand up in court, but if you did have something in your possession, and do not remember, then they will probably prevail in court. Get an attorney to represent you.
    Answer Applies to: Illinois
    Replied: 8/25/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    There is nothing on your copy of the ticket. There will be a police report or a copy of the ticket with a narrative.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    As to whether there is a proper basis for a charge you need to get a copy of the charging tickert or complaint. That complaint, once sworn to, will serve to advise you as to the nature of the charges against you.
    Answer Applies to: Alabama
    Replied: 8/25/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. They can add more charges.
    Answer Applies to: New York
    Replied: 6/9/2013
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    If additional evidence is found after they write you a ticket, the DA can add additional charges based on what was found.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course there is something in the report. You just don't know it yet. Contact an attorney. You'll need one.
    Answer Applies to: California
    Replied: 6/11/2013
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes they can charge you. You need to get an attorney.
    Answer Applies to: California
    Replied: 8/25/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Of course. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can charge or amend at any time he feels he can prove additional or different charges. What can you do? When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against an experienced prosecutor intending to convict. The attorney will try to get a dismissal, diversion, reduction, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 9/2/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    They certainly can try and they may be successful. You should hire an attorney to defend yourself.
    Answer Applies to: Massachusetts
    Replied: 8/25/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The police report was a summary. If they located something, and needed to have it tested before they determined what it was, the prosecutor can add the charge later. The question for you is: Do you admit to things you do not remember, or do you retain an attorney. I advise the attorney route. See my website: www.lawrencelewispc.com Good luck.
    Answer Applies to: Georgia
    Replied: 8/25/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    You can be charged regardless of what info. was in the report or ticket. However the less information the state has, the more difficult it will be for them to obtain a conviction.
    Answer Applies to: Minnesota
    Replied: 8/25/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Even after the police write a ticket they will write a report of the incident. After that time there can be a follow-up report to the incident. The charges on the ticket can be more severe or less than the filed charges.
    Answer Applies to: California
    Replied: 8/25/2011
    The Law Offices of Wesley R. Sklark | Wesley R. Sklark
    They can always amend their charges to tack on additional charges if they have a rational basis to do so whenever they want. However, if they don't have sufficient evidence to support the new charge, it will be difficult for them to make the new charge stick. In what city did the violation occur in?
    Answer Applies to: California
    Replied: 8/24/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    yes. A citation is not a charging instrument in Oregon. Later discovered evidence can produce new charges at any time, up to the statute of limitations.
    Answer Applies to: Oregon
    Replied: 8/24/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You can be charged. The important question is whether they can prove the charge.
    Answer Applies to: New Jersey
    Replied: 8/24/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You can be charged with additional offenses if the police have sufficient evidence to prove those offenses.
    Answer Applies to: Washington
    Replied: 8/24/2011
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