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Could this get thrown out/dropped?

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jojoch

Junior Member
What is the name of your state (only U.S. law)? Utah

I'm a freshman attending the University of Utah. Early on in December I was in my friend Taylor's dorm room, we were just playing video games, not up to any trouble. I noticed when I walked into his room that there was a mild smell of marijuana but considering I resided in freshman dorms that isn't exactly a foreign smell so I didn't really worry about it too much. That night his suitemate, tyler, was checking out of the room for winter break. For his check out the floor RA had to look over his room quickly to make sure that he was able to leave. When the ra came to inspect his room she noticed the smell of marijuana and called the campus police as well as her supervisor. Now tyler's room is right next to taylor's, seeing as they are suitemates, so the police came and proceeded to search both rooms. They found nothing in Tyler's and found a grinder with a tiny amount of marijuana inside Taylor's room. They searched myself as well as my backpack where they found nothing except my school supplies. I was still charged with possession of a controlled substance. I am attempting to contact the Prosecutor before by upcoming pre-trial hearing to see if he is willing to drop the charges, as I don't see how I could be charged with that in the first place as

A) I did not know that there was anything in the room anyways

B) I didn't have anything personally, on myself, or in my bag

c) It was not my room, not my grinder

Since this has happened I've moved back home to avoid situations where I can get in trouble by being around the wrong people and The University has required me to take a marijuana class, which I will be taking next week. I recently found that this is the exact same class that the court assigns as part of the sentence for possession.

Knowing that the grinder and miniscule amount of marijuana were not mine, that it was not my room, that I've taken steps to avoid this in the future, AND have already fulfilled what would be part of my sentence if I was found guilty, what do you think the chances are that i can get these charges dropped? I don't have enough money saved to pay for all four years of college, and I don't want to take out loans for fear of being in debt so I need to get some scholarships at some point in the future and I know there's no way I'll be getting any sort of scholarship with a drug conviction on my record.

One last thing, I received an alcohol ticket 8 months prior to this, will havibg that on my record negatively affect their decision to drop the charges?What is the name of your state (only U.S. law)?
 


HighwayMan

Super Secret Senior Member
I am attempting to contact the Prosecutor before by upcoming pre-trial hearing to see if he is willing to drop the charges, as I don't see how I could be charged with that in the first place as
So see what he/she says. Why are you asking us?

Generally, ignorance is no excuse. You can still be charged even if you "didn't know".
 

jojoch

Junior Member
So see what he/she says. Why are you asking us?
Because it's a free legal advice forum and the Prosecutor hasn't made any effort to return my calls so I was interested in getting other opinions. If you're going to be rude and offer no real, substantial advice or opinion then please keep the rhetorical questions to yourself.

Generally, ignorance is no excuse. You can still be charged even if you "didn't know".
There were quite a few other examples that I addressed which made me wonder if this charge would hold up, such as the fact that nothing was mine, it was not my room, and the amount they found was in a grinder, and definitely under a gram. As well as my actions after the incident such as moving back home and completing what would be part of the sentence if I were found guilty.

I would definitely appreciate some more feedback on this, as long as it's productive and considers the whole story, as opposed to the single maladroit reply I've received thus far.
 
Last edited:

HighwayMan

Super Secret Senior Member
Prosecutor hasn't made any effort to return my calls
So if it's that important you or your attorney should go see the prosecutor and forget about phone calls.

But then again, that's what the pre-trial is all about.
 

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