Possession while on probation

[davejones]

What is the name of your state (only U.S. law)? Virginia
My friend was pulled over (we were in her car, I was the passenger) and the officer smelled marijuana, I took the charge with hopes to get her out of trouble, but she got charged with possession as well for having paraphernalia. I am currently on probation for a DUI and my friend wants to tell the judge upon time of trial that my charge was in fact her possession in order to save me from any form of violation of my probation...will this work?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Virginia
My friend was pulled over (we were in her car, I was the passenger) and the officer smelled marijuana, I took the charge with hopes to get her out of trouble, but she got charged with possession as well for having paraphernalia. I am currently on probation for a DUI and my friend wants to tell the judge upon time of trial that my charge was in fact her possession in order to save me from any form of violation of my probation...will this work?

It might. And then again, it might not - considering you were in the vehicle in the presence of said marijuana which could just as well be yours. Plus, being on probation, you have to steer clear of any kind of illegal activity, along with those who commit it - including drug use.

While it MIGHT get you out of the actual charge you so foolishly tried to take for her, it may NOT get you out of a probation violation.

Proof positive that marijuana use really does affect your rational thinking

 

[davejones]

It might. And then again, it might not - considering you were in the vehicle in the presence of said marijuana which could just as well be yours. Plus, being on probation, you have to steer clear of any kind of illegal activity, along with those who commit it - including drug use.

While it MIGHT get you out of the actual charge you so foolishly tried to take for her, it may NOT get you out of a probation violation.

Proof positive that marijuana use really does affect your rational thinking

For the record, I have been clean for over 18 months...as far as my rational thinking, yes, I 'foolishly' aimed to help a friend, but seeing as how the marijuana was found in her backpack in her vehicle I am hoping when in court she along with our lawyer can explain to the judge that it was her marijuana etc...

 

[commentator]

Since this is "our lawyer" it appears this a very close friend? Probably the court will not care which of you had the drugs. If they want to, they can slap more onto you just because they want to, after all you were in the car with the stuff. Whose hand, or backpack it was in at the time of the search isn't going to matter a great big amount. Tell your story simply and without defensiveness and elaboration. Or better still, let our lawyer tell the story for you.

 

[Mass_Shyster]

Nobody can predict what the judge/jury will believe, but here's what will be submitted:

The government will produce the testimony from the police officer stating that you were in a car that smelled of marijuana, that marijuana was found in the car, and that you admitted to possessing the marijuana.

Your attorney will product your testimony that you were lying to the police when you said the weed was yours, and that now you've changed your mind.

If the judge/jury believes you, the government can always file charges of impeding an investigation or obstruction of justice against you, and use your sworn testimony as evidence.

 

[Mass_Shyster]

Or better still, let our lawyer tell the story for you.

"Our lawyer" cannot testify at trial, and cannot argue facts that are not in evidence. A witness (one of the defndants) would have to testify.

"Our lawyer" could tell the story to the prosecutor and see if s/he buys it before trial.

 

[davejones]

"Our lawyer" cannot testify at trial, and cannot argue facts that are not in evidence. A witness (one of the defndants) would have to testify.

"Our lawyer" could tell the story to the prosecutor and see if s/he buys it before trial.

My friend (co-defendant per summons) is willing to testify in court that it was in fact her backpack thus, it was her marijuana with hopes to have my charge dismissed...

 

[sandyclaus]

My friend (co-defendant per summons) is willing to testify in court that it was in fact her backpack thus, it was her marijuana with hopes to have my charge dismissed...

Yes, but just as you claim to have lied to protect her, the same could be claimed of you, even after she testifies that the marijuana was hers. It's kind of a "were you lying then, or are you lying now" sort of situation, and it brings BOTH you AND her credibility into question.

You don't say whether this female friend has a record or not, so for the sake of argument, let's say she doesn't. That's going to make it that much more likely that she is lying now to protect YOU, since you are the one who has a criminal record and was still on probation when this all occurred.

Who do you think a jury or judge is going to believe really IS the culprit here?

 

[davejones]

Yes, but just as you claim to have lied to protect her, the same could be claimed of you, even after she testifies that the marijuana was hers. It's kind of a "were you lying then, or are you lying now" sort of situation, and it brings BOTH you AND her credibility into question.

You don't say whether this female friend has a record or not, so for the sake of argument, let's say she doesn't. That's going to make it that much more likely that she is lying now to protect YOU, since you are the one who has a criminal record and was still on probation when this all occurred.

Who do you think a jury or judge is going to believe really IS the culprit here?

At the time of the arrest she was cited with possession of marijuana as well (she had paraphernalia in her purse) so we both received a citation for possession of marijuana...so, I'm hoping with the fact(s) that I am clean and have been throughout the entire course of my probationary status (over 18 months) and still am now, that will lend credibility to what my friend and I are attempting to convey to the judge at trial.

 

[dave33]

At the time of the arrest she was cited with possession of marijuana as well (she had paraphernalia in her purse) so we both received a citation for possession of marijuana...so, I'm hoping with the fact(s) that I am clean and have been throughout the entire course of my probationary status (over 18 months) and still am now, that will lend credibility to what my friend and I are attempting to convey to the judge at trial.

I understand and even respect what you are trying to do, but do not think it will work. I also think after you convey your intention to the attorney he will explain things in such a way that will make you change your mind.

You confessed to a crime. It is common for people to want to change a statement made to police after they realize it did not have the desired effect. Also, just about anything can be a violation. It will all depend on whether or not the prosecutor will bge extremely nice and drop the violation. The false statement can be a violation. The drugs can be a violation. I am not sure about Virginia, but it may be a violation to be arrested.

You need to speak and listen very closely to your attorney. goodluck.