QUESTION

Can I be charged for having my friends medical marijuana in my car?

Asked on Jun 28th, 2011 on Criminal Law - Michigan
More details to this question:
The other day I was driving home and it was rainy. I was going 25 in a 25 zone, but then sped up to 45. The minute I hit the gas the cop turned on their lights, they were behind me I guess. She came up to the car, shined the light in and in the backseat my friend must have left his medical marijuana kit (he is legal, and has a card) the cop saw it. She asked whose it was and I told her my friend must have left it behind. She asked if she could look around the car, I said yes, and showed her his pipe and grinder back there as well. She cuffed me and put me into the back of the car and searched the car. All in all, my buddy left a baggy saying medical marijuana in the backseat in an airtight container, a pipe and grinder and I'm getting a marijuana possession charge, and my car is impounded. I have a clean record with nothing more than one speeding ticket about a year ago. What advice do you have for me?
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10 ANSWERS

Possession of opened alcoholic beverage bottle or can while driving; Possession of marijuana while driving; Fine (a) No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed. (b) Except as authorized by law, every person who possesses, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, not more than one avoirdupois ounce of marijuana, other than concentrated cannabis as defined by Section 11006.5 of the Health and Safety Code, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). Yes, you can be charged, although you could have a strong case against it. Basically, you will have to contest the charge by proving the fact that the marijuana did not belong to you and that there was a legitimate reason as to why it was in your car. To put it even more plainly, you and your friend will have to convince the District Attorney/Judge/Jury that the drugs did not belong to you and that they belonged to your friend. That would be your best chance at getting rid of this charge. Your good record doesnt hurt either. I am assuming that this attached charge is the actual one you were charged with
Answered on Jul 13th, 2011 at 12:12 PM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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In order to avoid a conviction, you should hire an attorney to represent you and to discuss your potions.
Answered on Jul 05th, 2011 at 11:06 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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CAN they charge you? Of course. You were in possession of illegal drugs and paraphernalia. They think they can convict you of a couple felonies. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answered on Jul 01st, 2011 at 9:12 AM

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Bankruptcy Attorney serving Huntington Beach, CA at The English Law Firm
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Your car, your marijuana. You can certainly be charged. Your rights are to present any credible evidence you may have in your defense, but you could still be convicted. Talk to an attorney about the specifics of your case.
Answered on Jun 30th, 2011 at 12:27 PM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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First off, the marijuana was in your car and you do not have a medical marijuana card. Did you know it was there? Your friend will have to step forward and state that the marijuana was his/hers. That alone may not get the charges dismissed. You should seek the assistance of an attorney to defend against the pending charges. For more information, contact us.
Answered on Jun 30th, 2011 at 9:56 AM

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First of all, you should never have allowed the cop to search your car (the reason they ask for permission is because...they need it!). Secondly, yes you can be charged, because it is your words/credibility that is on the line. No one has to believe you when you say that the stuff belongs to your friend. It is up to you to hire a good lawyer to present your case coherently to the court.
Answered on Jun 29th, 2011 at 10:34 AM

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Michael J. Breczinski
Fight the charge. Get an attorney. You can't accidentally possess marijuana.
Answered on Jun 29th, 2011 at 9:39 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Get your friend on board to admit it was theirs and get a skilled attorney in your corner. The prosecutor won't lay down easy without a good opponent.
Answered on Jun 29th, 2011 at 9:03 AM

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Drivers License Suspension Attorney serving Redlands, CA at Law Offices of Matthew Murillo
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Get a friend that won't forget their stuff. The fact that's it's your friends may help, but it won't necessarily force the DA to drop charges as you were in possession. Your friend will need to agree to say that it was his. Speak to an attorney in person.
Answered on Jun 29th, 2011 at 9:02 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Retain an experienced criminal lawyer as soon as possible so he can review the police report and evidence against you. There may be errors that could get the charges reduced or dismissed. Worse case scenario is that you could be eligible for HYTA or 7411 which could keep the charge permanently off your public record if you successfully complete probation. Speak to an attorney for more information.
Answered on Jun 29th, 2011 at 8:58 AM

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