QUESTION
If I got charged with constructive possession of pot that isn't mine and my friend admits it's hers, could I walk?
Asked on Apr 30th, 2014 on Criminal Law - Michigan
More details to this question:
Last week, my friend and I were driving (I was the passenger) and she blew a stop sign. We got pulled over and the officer said he smelled pot. My friend consented to a search and he found a small bag of weed in the center console. I didn't know the pot was there, but since my friend didn't admit to it, we both got possession charges. I already got arrested for pot three years ago, and used up conditional discharge. My friend feels terrible that I got in trouble and is willing to admit the pot was hers in court and that I was clueless about it. We had our arraignment this morning. If she admits in court that I didn't know about it and was innocent, can I walk? If not, what am I looking at?
4 ANSWERS
Nope, because no Judge would believe her. You need to hire a lawyer pal, and do it before you make a mistake in court you will regret.
Answered on May 01st, 2014 at 3:32 PM
James Edward Smith
Not really. Need more.
Answered on May 01st, 2014 at 3:18 PM
Michael J. Breczinski
That may or may not work. If it does not then you should set the matter for trial and have her testify. The Government has to prove that you knew and possessed the pot. The possession has to be knowing. FIGHT.
Answered on May 01st, 2014 at 8:43 AM
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It depends on if the prosecutor believes her or thinks she is covering for a friend with a previous record. If not, you'll either have to take your chances with a jury or file a motion if applicable. Whatever you do, don't do it alone. Employ the services of an experienced criminal defense attorney that regularly handles drug crimes.
Answered on May 01st, 2014 at 8:38 AM