QUESTION

Can possession charges against me be dropped if the person that owned the drugs admits to having possession?

Asked on Aug 30th, 2017 on Criminal Law - Missouri
More details to this question:
I, passenger and my best friend, driver, we're driving when we got pulled over. The officer smelled perfume and asked if there were any illegal drugs in the car. The driver said no and then he proceeded to ask if he could search the vehicle which then the driver said yes. The middle counsel contained plastic baggies a scale, empty cigarillo packets and a small jar that contained cannabis crumbs. There was also a bag of cannabis under 2 grams. The driver and I put everything into my blue purse. The officer searched the car and came back to me and the driver and ask who's blue purse it was. I owned up to it and said it was my purse because it was, so then he Mirandized me and asked me if I had any idea what he found in the purse. I said yes. I know what you found in my purse but it is not mine. He then asked me whose it was. I told him that I didn't know. He then asked the driver the same question as to who possessed the cannabis and the scale in the baggies belong to. She did not own up to it being hers so because it was in my possession. I was arrested and taken to jail. I received charges for possession of cannabinoid/synthetic cannabis of under 10 g and an unlawful possession of paraphernalia. If the driver comes forth and admits to having possession of the cannabis, will my charges be dropped? I do not smoke marijuana. If I have to take a drug test, I will pass it but she will not pass one because she does smoke marijuana. I didn't come forth and say it was hers at first because I didn't think I would have to considering she was my best friend and she knew it the items belonged to her but I have too much to lose. Also, given that I am supposed to ship off to basic training for the navy on November 13th. I assumed she would do the right thing but she failed to do so I have to do what I have to do, to put myself back on track.
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1 ANSWER

Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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It is very unlikely that the Prosecutor will agree to dismiss your charges in this situation. It is very common for several people in a vehicle to all be charged with possession of drugs because of "constructive possession," which means the court assumes that you all had knowledge of the drugs and all had access to it, so everyone gets charged. Often, one person in the car will try to take responsibility for the drugs so their friends don't get charged, but that rarely works. In your case, you are taking the brunt of it because you and your friend put everything in your purse. If your friend confessed to police now that the drugs belonged to her, all that would happen is that your friend would also be charged with drug possession, but your charges would not be dismissed. You were charged with possession of drugs (not being under the influence of drugs), so it won't matter if you pass a drug test. Luckily, there is no possibility of jail time for a charge of "Under 10 grams of marijuana." I recommend that you hire an attorney as soon as possible to represent you if you want to get your drug charges dismissed or reduced to a lesser offense, such as "Littering." You can hire an attorney to represent you and you might not have to appear in court at all. The outcome of your case depends on which court your case is in and your criminal history. If your case is being prosecuted in state circuit court and you can't afford to hire an attorney, you can contact the public defender's office in that county to see if you qualify for a public defender to represent you. Public defenders don't represent people in most municipal courts in Missouri, so if your case is being prosecuted in a municipal court, you will have to hire a private criminal defense attorney to represent you.
Answered on Nov 02nd, 2017 at 12:14 PM

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