Blamed for brothers Marijuana-both charged with possession.

[HURDY-GURDY]

What is the name of your state? Michigan
I went to my brothers house two blocks away from my house on Christmas Eve after being invited over the phone(he wanted me to bring a few beers over). I had been drinking quite a lot during the day watching football ect. and it was approx. 11:30pm. I rode a bicycle over. My brother smokes mj on a regular basis- I do not. When I was there we drank the beer I brought and smoked a joint. My brother had approx. 1/8 Oz. mj. I may have handled the bag-I don't remember. My brother got mad at me and told me to leave at approx. 12:30 am. I was pretty intox.- don't laugh -fell of the bike one block from his house and hit my head into the pavement knocking myself unconcious. I awoke to police flashlights in my face asking many questions. I told the I had just come from my brothers and we had a fight. The called EMS and I at first refused to go I was told either go to the hospital or jail- went to the hospital(CAT scan ect-$3500 no insurance). Police went to my brothers and he opened his door they found the mj sitting on his couch in plain sight. He told the police the mj was mine and he had kicked me out for smoking in his house(pretty fast thinking). I got out of the hospital later Christmas morning called him about my house keys and he informed my he blamed me since he was a single father(his wife died two mo. prior of pneumonia) and afraid of losing his two kids. He admitted to my father the mj was his. Prior to his arraignment the police asked for his fingerprints and he refused(they never asked for mine). He had plead mute at his arraignment( he doesn't now they charged me also). My father say's he may plead no contest at the pretrial.

My problem is they charged me with possession also and they have my pretrial scheduled for the same day as his( if he finds out may not plead nc) can I get it adjourned until he pleads?. I was wondering if they have any case against me and second if my brother pleads nc will my case be thrown out?

Thanks for any advice on this matter.

[The Occultist]

Possession has absolutely nothing to do with ownership.

[HURDY-GURDY]

So- He possessed it and owned it and I should walk?

[HURDY-GURDY]

I think they are charging us both just to see who it will stick too. I also forgot to mention one of the officers supposedly wrote in his report I smelled like mj while lying in the street.

[The Occultist]

I don't think you understand. You can BOTH be charged and you can BOTH be convicted for being in possession of the exact same bag of marijuana; it does not matter who owned it, you are both guilty.

[Blue Meanie]

So he has children in the home while smoking dope? Sweet.....

[HURDY-GURDY]

I understand we both could be charged but I was 1) not physically in possession 2) not in "constructive possession" i.e. not in control of the premises, did not stay or reside there and no intent to control on my behalf. I was a block down the street from his locked house. Mere presence to the vicinty of contraband does not establish possession. I gave no statements and was never asked for a statement regarding the contraband and to that regard "was never even aware of the contrabands presence."

Please explain under what theory I can be convicted of possession?

BTW-The kids were not home.

[The Occultist]

You have the testimony of your brother, who says you were in possession of the marijuana. That, combined with the fact that you REEKED of marijuana, is likely enough to convict you of said possession.

[HURDY-GURDY]

Reeked -arbuitrary. Not likely- tell the truth!
Mere presence does not establish possesion-tell the truth...

[HURDY-GURDY]

Mere presence does not establish possesion

[HURDY-GURDY]

[url]http://www.state.il.us/court/OPINIONS/AppellateCourt/1999/3rdDistrict/September/HTML/3980097.htm[/url]

[The Occultist]

Well it sounds like you have all the answers you need. I bet you can represent yourself in court since you know so much. Good luck.

FYI: if you read the case, that was an appeal. That means the defendant had been found guilty the first time. Have fun in court!

[HURDY-GURDY]

EXACTLY- case law.

[HURDY-GURDY]

FYI: if you read the case, that was an appeal. That means the defendant had been found guilty the first time. Have fun in court!


You r dumb- appelate MAKE LAW,,,,,,,

[The Occultist]

It's case law...IN A DIFFERENT STATE!

Did you stop to wonder why you're required to post the name of your state? Maybe... because different states means different laws? And that case law from one is COMPLETELY irrelevant to another? No, you're right, I'm crazy.

As I said before, have fun in court. You obviously know all the right answers. Why are you still here? You don't need anybody's help, obviously.