What can I do if I was issued a citation and ordered to appear in court for possession of marijuana under 10 grams but I was unaware that my friend had it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if I was issued a citation and ordered to appear in court for possession of marijuana under 10 grams but I was unaware that my friend had it?
While looking for a place to stay at the beach we were pulled over in a hotel parking lot. The car was searched and the weed was confiscated and everyone received a ticket and was told we would have to appear in court. Even though I was was not driving, I was given a citation due to the fact that I was the primary driver of the car. Is there anyway I can evade the misdemeanor charge or get the case dismissed all together?
Asked on July 8, 2014 under Criminal Law, Maryland
Answers:
Richard Southard / Law Office of Richard Southard
Answered 10 years ago | Contributor
There are a couuple of issues here 1) the police have to establish a legal basis to search your car which is not present in the facts you present 2) Even if the drugs were in your car, it does not necessarily mean that you possessed them. The automobile pesumption relating to drugs is much murkier with marijuana as opposed to controlled substances. Hire a good defense attorney, it sounds like you may be eligible for a marijuana ACD which would dismiss and seal the charges after one year if you dont get in any new trouble. This is independent of litigating teh legality of the search and seizure and risk of trial.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.