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Marijuana in car

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jehoover

Junior Member
What is the name of your state (only U.S. law)? KY
I was in my friend's car. He was pulled over for speeding and for not stopping at stop sign. The cop said he could smell weed and searched the car and he found a grinder under passenger seat - where I was. He was also a K9 officer so he pulled his K9 out and found a small amount of weed down the side of my seat. So we both got charged with those two things. I didn't know anything about these 2 things. I'm on probation and would probably end up in jail. My friend is willing to admit it's all his. Will that help me if someone else claims it? The cop also said we were moving around like we were moving or hiding something. We were not moving or hiding anything but that's gonna be in his report anyway. The cop also threatened fleeing charges because he said my friend increased speed and looked like he wasn't going to stop. My friend hasn't been charged with that yet but I guess that will be in his report too. If he was charged is there any chance that I can also get charged with fleeing or just the driver?
 


CdwJava

Senior Member
The driver controls the vehicle so evasion is probably not in your future. The marijuana, on the other hand, that appears to be a problem.

If you cannot afford an attorney, one can probably be appointed for you. If your friend wants to claim all the marijuana and testify that you did not know it was in the car, that might work ... maybe.
 

jehoover

Junior Member
The driver controls the vehicle so evasion is probably not in your future. The marijuana, on the other hand, that appears to be a problem.

If you cannot afford an attorney, one can probably be appointed for you. If your friend wants to claim all the marijuana and testify that you did not know it was in the car, that might work ... maybe.

Only 'maybe'...You mean testify at a trial for me or can he claim that in his own case and hopefully maybe mine would be dropped?
 

TigerD

Senior Member
Only 'maybe'...You mean testify at a trial for me or can he claim that in his own case and hopefully maybe mine would be dropped?
You need an attorney. Now.
Stop talking about this at all with the driver of the car or anyone else.

TD
 

quincy

Senior Member
Only 'maybe'...You mean testify at a trial for me or can he claim that in his own case and hopefully maybe mine would be dropped?
It will be hard for you to argue you were not in possession of marijuana and paraphernalia when you, the marijuana and the grinder were all in the same car. Your best chance of avoiding a misdemeanor/felony and the revocation of your probation is to have a skilled attorney working for you. I do not see you being able to do this on your own.

I definitely agree with TigerD that you should not discuss the charges with anyone but your attorney.

Here is a link to the current laws: http://norml.org/laws/item/kentucky-penalties-2
 

jehoover

Junior Member
It will be hard for you to argue you were not in possession of marijuana and paraphernalia when you, the marijuana and the grinder were all in the same car.
Aren't they supposed to prove "knowingly" in possession?

Yeah, attorney.
Thanks for the link.
 

CdwJava

Senior Member
Only 'maybe'...You mean testify at a trial for me or can he claim that in his own case and hopefully maybe mine would be dropped?
If he agrees to plead guilty and accept responsibility for everything, the DA may drop the case against you.
 

quincy

Senior Member
Aren't they supposed to prove "knowingly" in possession?

Yeah, attorney.
Thanks for the link.
Yes, part of what needs to be proved is that you were "knowingly" in possession.

Although it is nice that your friend told you he will admit that the drugs and the grinder were his and that you knew nothing about either, I would not necessarily count on this happening. For one thing, if your friend has an attorney, the attorney might advise against this admission and, for another thing and even if no attorney is involved, friendships sometimes sour a bit in these situations.

But CdwJava is correct that the charges could potentially be dismissed. The attorney you see can give you a better idea if this is something that seems likely based on the facts of the arrest, your history and the prosecutor.

Good luck, jehoover.
 

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