QUESTION
Is it possible to avoid the possession of marijuana charges even if the person admitted the smoking?
Asked on Jan 22nd, 2012 on Criminal Law - Michigan
More details to this question:
My friends were caught in the UMICH dorms in Ann Arbor. There were four people: one person had 4g of marijuana another had 1/2g, the third had none but admitted to smoking and all three people vouched that the fourth person had not been smoking (as he was on probation). Can any of the three people that admitted to smoking avoid possession charges? I thought under 1g of marijuana was too little for possession, but I'm not sure.
7 ANSWERS
Steven D. Dunnings
Are you sure you have a high school education?
Answered on Jun 19th, 2013 at 11:00 PM
Jacob P. Sartz
Ultimately, it's a question of the proofs. Everyone involved is presumed innocent until proven guilty beyond a reasonable doubt. Each "friend" has a right to council, should exercise that right, and needs their own lawyer for their particular circumstances. I would never recommend that co-defendants in a pending criminal matter be represented by the same attorney because it is arguably a conflict of interest. Speaking generally, there is a lesser-included charge of "use" of marijuana.
Answered on Feb 22nd, 2012 at 10:25 AM
This sounds like a Miranda case. Once a Defendant has been arrested police must inform him of his constitutional rights to remain silent and to have an attorney. The analysis starts with when the arrest occurred. An arrest occurs when a reasonable person would not feel free to leave. Case law has established that an arrest occurs when a police officer orders a Defendant to produce identification. Once the Defendant is arrested police must inform him of his constitutional rights. If the police officer does not inform him of these rights and takes a statement from the Defendant, the statement should be suppressed. An attorney will file a Motion to Suppress Statements. While possessing any amount of marijuana could result in a possession charge, prosecutors can be convinced to reduce the charge to use of marijuana.
Answered on Feb 20th, 2012 at 11:39 AM
Michael J. Breczinski
The people can't avoid charges unless they want to snitch on others; but there is another option. If they have not had drug charges before they could plead and ask the judge for consideration under section 7411 which is for first time offenders. If the person gets it and does everything the judge tells him then no record.? They need attorneys.
Answered on Feb 17th, 2012 at 10:56 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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There is no minimum amount which will result in an automatic dismissal The best advice is to hire an attorney to represent you and to explore other defenses or ways to handle the charges in a way that could result in a dismissal.
Answered on Feb 17th, 2012 at 10:16 PM
Any amount could result in possession charges. What charges are brought will depend on the prosecutor.
Answered on Feb 17th, 2012 at 8:12 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Any amount is possession. Yes, they should hire attorneys who can cut special deals to keep the conviction off their records.
Answered on Feb 17th, 2012 at 2:04 PM