help!

[maynard01]

South Dakota is where i reside to start off. ok so i need help hardcore!..well me my friend luke and and my "friend" brandon were sitting in this place yesterday and we had just finished smoking about 2 hours before and the police randomly showed up and said there was a warrant out for brandons arrest and that they smelled marijuana so they then proceeded to pull brandon out of the car and then searched me(i had nothing on me) and then luke and then they searched the car and found valium n oxycontin in a box(which i did not know was in there) and brandon blamed it all on luke n i..so me and him are getting charged with possession of a controlled substance and im also getting possession of a controlled substance with intent to distribute to a minor(im now 18)..but none of the **** was mine..i didnt even know it was in the car at the time..and then we went to the police station and i tested positive for marijuana and valium..but they never charged me with ingestion..but since the **** wasnt mine and they have NO proof that i was selling it(because i wasnt) or that it was mine(which it wasnt)..whats going to happen?

 

[CdwJava]

No one can say what will happen. However, it is very likely that you will have to appear in court to answer for the charges. the state will have to show that you committed the offenses for which you were charged, and your attorney will try to cast reasonable doubt on the state's case.

The state will effectively have to show that you had knowledge, dominion and control over the contraband. That does not mean they have to show ownership. And if you tested positive for any of the substances uncovered in the search, proving a possession case for that substance is very likely.

 

[cyjeff]

first you say you were at the house and then you are being dragged out of a car.

Were you sitting in a car in the garage?

If you were on the road, who was driving?

 

[maynard01]

we all 3 tested positive and we all got charged the same. and when i said sitting in a place, i meant we were sitting outside of this place inside of a car.

 

[maynard01]

one more question. if luke n i testify saying that it was brandon's can the charges get dropped since it wasnt ours?

 

[CdwJava]

Anything MIGHT happen, no one can say what WILL happen.

Consult your own attorney and ask for his or her advice on how best to proceed.