Can I be summoned to court even though I didn't receive a citation or any paperwork at the scene?

Criminal Defense 5 views 3 answers
We were smoking pot in an abandoned house when approached by police. We have medical marijuana cards so that's not the issue. The officer told us we would receive a summons for trespassing in the mail and that he would call owner of the building to see if they wanted to press charges for breaking and entering. We didn't receive any citation or other paperwork at the scene. Was he scaring us or will I really receive a summons in the mail. I think it's weird we didn't receive any ticket or anything at the scene.

Attorney Answers

3
Kevin Landry ·
You very well could get a summons in the mail. There is no requirement you be provided any documentation at the time of the incident. If you do receive a summons contact a criminal defense attorney in your area. You can use the search tool.
0 upvotes
Joseph Simons ·
You may not yet be in the clear. Keep your eyes open for any letters from the court. The police may have decided to file an application for complaint, which would cause the court to "summons" you (basically, send you a letter telling you to appear) for a clerk magistrate hearing. If this happens, a clerk magistrate would decide whether to issue or dismiss the complaint. If dismissed, the charge(s) would never appear on your CORI.
0 upvotes
Eleanor Hertzberg ·
He may very well have been trying to scare you. But that does not mean he could not file an application for a complaint with the court. If he does that, you will receive a notice of a clerk's hearing. At the clerk's hearing the clerk will determine if there is probable cause to believe you trespassed and/or committed a B&E. If the clerk determines there is probable cause, he or she can then decide to issue the complaint or hold the case open for a period of time. If you don't get into anymore trouble while the case is being held open, the matter will be dismissed. If that happens, there will be no record of the case in the court's files or on your record. If you do get notice of a clerk's hearing, I recommend you hire an attorney to represent you. Your chances of a favorable result increase if you have representation.
0 upvotes

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