What should I do if I was arrested for possession of marijuana in Michigan?
Asked on Dec 09th, 2012 on Criminal Law - Michigan
More details to this question:
I was asked to step out of my truck. The cop said he smelled pot and put me in the back of his car while he searched my truck. When he found some pot, he then finally cuffed me and said I was under arrest for possession of marijuana and that was all. I was taken to jail. I was never read my rights. I never received a ticket and I was not given all the correct paperwork when I was bonded out of jail.
Get a lawyer ASAP. You may have some defenses to the search. Reading of rights is worthless because presumably you didn't admit to anything after the arrest.
You should get a lawyer and fight the matter. If you have no prior drug conviction, then Michigan has a program where you can be put on probation and if you complete it then no conviction.
If the prosecutor decides he wants to prosecuteand given the situation I guarantee he willyou will be notified. Then you will have to defend the misdemeanorunless they found a lot of dope; then it will be a felony. Your driver's license will be suspended and your car may be taken.
You'll need an attorney to attempt to assist you in your defense. Most of the shortfalls in the procedure will not be germane, however it is in the details which are unknown that a defense may arise.
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