What is the name of your state (only U.S. law)? St. Joseph, MO
My daughter was recently given a citation for misdemeanor possession of marijuana. The circumstances are this. She was in the back seat of a stationary car. There was a driver and another passenger in the front seat. The police approached the car, and finding probable cause (smell) searched the car and the three of them. The person in the passenger seat had the remnants of a joint in his possession. The three of them were taken to the police station, processed, and let go. While there in the police station, the driver, after being read his rights, stated that the joint was actually his. All were given a breathalyzer and passed. No other tests were administered. That is the sum total of the evidence related to the specific charges as stated by my daughter and as listed on the police report. All three were cited for misdemeanor possession of marijuana as well as possession of paraphernalia. My daughter was in the back seat, was not found to be in possession of marijuana, and the only thing that could be constitued as paraphernalia was the rolling paper used to make the joint found in possession of the front seat passenger, but nothing on my daughter. I do have a lawyer and he has just received the police report validating the total of the information stated above. Conversations with the prosecutor prior to receiving the report revolved around possibly dismissing the possession charge and receiving an SIS on the paraphernalia possession charge. I know having anything on a record related to a drug charge can be devastating. My question is, how can she even be up on charges for possession of either when neither were in her possession? Is just being in the same car enough to have a possession conviction? I know my lawyer will question all of these things, but the prosecutor seems determined to make something stick, and it will take a while to get an answer, so I'm looking for opinions to either help me sleep better in the mean time, or continue to make me have nightmares about this. Any knowledgable opinions would be appreciated.
My daughter was recently given a citation for misdemeanor possession of marijuana. The circumstances are this. She was in the back seat of a stationary car. There was a driver and another passenger in the front seat. The police approached the car, and finding probable cause (smell) searched the car and the three of them. The person in the passenger seat had the remnants of a joint in his possession. The three of them were taken to the police station, processed, and let go. While there in the police station, the driver, after being read his rights, stated that the joint was actually his. All were given a breathalyzer and passed. No other tests were administered. That is the sum total of the evidence related to the specific charges as stated by my daughter and as listed on the police report. All three were cited for misdemeanor possession of marijuana as well as possession of paraphernalia. My daughter was in the back seat, was not found to be in possession of marijuana, and the only thing that could be constitued as paraphernalia was the rolling paper used to make the joint found in possession of the front seat passenger, but nothing on my daughter. I do have a lawyer and he has just received the police report validating the total of the information stated above. Conversations with the prosecutor prior to receiving the report revolved around possibly dismissing the possession charge and receiving an SIS on the paraphernalia possession charge. I know having anything on a record related to a drug charge can be devastating. My question is, how can she even be up on charges for possession of either when neither were in her possession? Is just being in the same car enough to have a possession conviction? I know my lawyer will question all of these things, but the prosecutor seems determined to make something stick, and it will take a while to get an answer, so I'm looking for opinions to either help me sleep better in the mean time, or continue to make me have nightmares about this. Any knowledgable opinions would be appreciated.
