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Please Help!!!! Possesion without Possessing???

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SoConfused87

Junior Member
What is the name of your state? California...


I am 20 years old, I was visiting my 22 year old boyfriend at his school where he lives on campus. My boyfriend smokes marijuana, I do occasionally, but on this night I did not smoke. Another student complained of the "smell of smoke" and the RA from the school came up knocking on the door, I was about to fall asleep, and the RA and Cop unlocked the door, my boyfriend who had just smoked jumped up inorder to keep them out of his room & talked to the cop outside, The cop did not know that i was inside, but I am a very honest and cooperative person, and I knew i didnt do anything wrong, so I went out and asked the cop if he needed anything from me. He took my ID and was very rude. He accused me of smoking marijuana and told me that my eyes were red and glazed over. I did not smoke, I only had 4 hours of sleep the night before and I was laying down to take a nap when they let themeselves into the room. I was very upset and shaking and the cop told me I would get a letter in the mail about a court date and a fine, and I could go to court if I want to fight it. He took my boyfriends pipe, but no weed and obviosly nothing of mine. So I have a few questions, The cop gava no documentation of the incident, and didnt have my boyfriend or i sign anything, he didnt give us a citation, I dont even know the cops name and Im not sure how i can follow up on this incident. How can i be in possesion when he took no evidence from me. He took a pipe from my boyfriend, but we cannot both possess one thing. Can i be charged with something like this simply because "my eyes were red". What will go on my record and what will the fine be?? Im very confused and worried about all of this and the cop really left me hanging... any help is appreciated!!!:(
 


CdwJava

Senior Member
Actually, yes, you CAN both be in possession. If you knew about the drugs and had the present ability to control them, then you can be charged with possession.

The fine will depend on what you are charged with. If for mere possession of marijuana, it is a misdemeanor punishable by a fine (no jail time) ... however, one or both of you could be booted from school housing, and one or both of you might lose scholarships or grants.

- Carl
 

SoConfused87

Junior Member
So, Is it right that I will get something in the mail, and will it tell me there what my fine is and If I want then I can fight it in court, or is it necessary to fight it??? Will anything go on my record??? And if i go to court will I need to get an attorney???
 

CdwJava

Senior Member
So, Is it right that I will get something in the mail, and will it tell me there what my fine is and If I want then I can fight it in court, or is it necessary to fight it??? Will anything go on my record??? And if i go to court will I need to get an attorney???
If they intend to charge you, they will contact you ... hopefully you provided the officer with a good and current address.

Yes, you can challenge the cite in court. And, yes, it would be best to hire an attorney to do that.

If the charge is for simple possession (H&S 11357(b)) then you can expect the offense to be expunged automatically two years after conviction ... it is the ONLY offense in CA that does so. However, you may want to speak to an attorney as to what that means for you in the future ... as in, do you have to answer "Yes" if asked by employers if you had been convicted of a misdemeanor crime.

- Carl
 

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