The police did not have probable cause, can I get the charges dismissed?
603738
Wow.  I continue to be amazed by some of the answers folks have here.\n\nI'm going to assume you're in California, since you made reference to not having a California license:\n\nThylawyer has a good answer - just because you don't know why you were pulled over does not mean there wasn't a perfectly legal reason to do so.  Your assertion that the police didn't have probable cause (which isn't the standard used in California) because you think you were obeying all traffic laws is bizarre...you said yourself that you don't know why they pulled you over, so how can you assume they didn't have a reason?\n\nAnd despite what people are saying here, police in California cannot pull you over solely to find out if you have a license.\n\nSo the answer your question is yes, you can get the charges dimissed if the police did not have a legal reason to stop you - but you have no business assuming they had no reason to stop you just because *you* think you were obeying all the laws (and again, police in this state do not need probable cause to stop you, they only need reasonable suspicion).
948622
Just not published in detail. If the charges were dropped, it should say they were dismissed and maybe give the reason.
587979
Yes, there a variety of situations in which you could be charged even if you did not have the marijuana when they arrested you. For instance, if they saw you dispose of it, or if they have footage of you selling it, or witnesses who saw you with it at some point.
462806
The officers cannot conduct a search without a warrant or without probable cause, unless there are specific special circumstances.\n\nGenerally, the police can pull you over for any suspicion.  Expired tags, no front plates, broken taillight, etc.  If they then "smell" something suspicious (i.e., pot or alcohol), they can then search your car under suspicion of possession or DUI.  If they place you under arrest, they can basically search every inch of your car.\n\nIf they ask if they can search your car YOU HAVE A RIGHT TO SAY NO!!!!!  If you consent to a search, they have the ability to search your entire car.\n\nIf they simply give you a ticket and search your car without consent, they have violated your rights.  If they find any evidence in your car, it cannot be used against you in court.  If they found nothing or no charges were placed against you, you should still make a complait to the police department they were from. It will go in their file and it may help someone else (or you) defend themself in the future.
208104
Even though a great deal of time has transpired since the original charge, there is a great probability that a warrant has been issued for failing to appear on the original charge. A person charged with a crime has an obligation to appear before a judge to have the matter resolved. A warrant can be issued at any tiume during that process if a person does not show up to court, even if they have shown up already. I would suggest that you contact the court of origin for your friend and see if there is a warrant. If there isn't one, then he/she is home free.
683117
Ask for the proof or reasoning on why it was a false claim..\n\nIf they can't proof it didn't happen either then your friend can't be charged with anything.\n\nThey can't simply take the cops word over yours.\n\nThe more you chase it the more likely they are to drop it.
335960
The police will probably give you a "breathalizer" test to check if you have alcohol in your system. As you contend, you didn't actually drink, but was just holding an open beer can. You'll probably be ticketed and be asked to appear with your guardian before a Judge. This may just be a misdemeanor since you didn't actually drink but were just playing a prank.
73912
Prove it was an illegal search and seizure and the evidence is thrown out - no evidence, no case ! \nI had to get a lawyer to do it. You should too !
721645
It doesn't sound like you have a case. Police officers acting under color of law can't be held liable unless they violate your civil rights, and it doesn't sound like they did. They had a reasonable belief that there was a warrant for your arrest, as incorrect as that belief was.
219362
Yes, charges could be filed. It depends on whether or not the DA thinks they can make a case of it. Whether is goes to trial or she is convicted is a different matter.
1072293
You can get an attorney.  They often can make the situation better.  You can also prove your innocence.  Have photos, diagrams, etc. showing exactly why you didn't really deserve the ticket.  But i'm betting you did deserve the tickets.  Get an attorney is your best bet.
69027
I would send a letter to the court and motion the court to dismiss with prejudice the charges for a lack of timely filing.  The prosecutor has time to file these charges.  I hope that you won't get yourself into this jam again.
662898
No.  Criminal charges can not be brought.  Police officers, District Attorney and judges enjoy some pretty impressive immunities from suit and criminal prosecution.\n\nThe only thing you could sue for is the police officer for false arrest.  Neither the judge nor the District Attorney can be sued.  They were doing their job.  They are immune from suit.  Even if you do file a suit against the arresting officer, it sounds to me like the suit will fall flat.\n\nJust let it go.  This is a dead bang loser.  I can almost gaurantee that you will not find a single attorney willing to take this case.\n\nSorry.
1081732
Ordinarily, the court will keep both parties well informed.  However, if you had representation, even a public "pretender" then that is the preson whom the court will community with about the status of the case.\n\nYou can go to the clerk of the court and obtain the signed document (hearing) that verifies that charges were dismissed.
361101
When a persons been arrested he is subject to search incident to that arrest. The search requires no warrant. Who did he ask for a lawyer? It's not the policeman's responsibility to provide the lawyer it's the court that does that. As far as having "grounds" he was under arrest, the officer doesn't need grounds! The search is justified because he is arrested. Whether anything was found has no bearing on whether or not the search was justified. This is the law, the Supreme Court has upheld it. We appreciate the service to our country but that has nothing do do with the crime he was arrested for.\nFurthermore since this person was arrested for filing a false report "lying" how much of his story should we actually believe?
932838
go to the police and in return file a report for a false police report
168976
Call the police.  Even if it'll make U a suspect, U can't be charged with a crime until enough evidence has been gathered to prove your innocence (or your guilt).  Most importantly, be ready to testify as a witness @ the stand or have a good attorney represent U and support your case if someone tries to frame U.  Anything could happen and U need to be prepared for these uneventful cases.