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Withdraw taking responsibility for 1.5 grams of marijuana. It was really my GFs

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Worried1234

Junior Member
DC (only U.S. law)?

About a week ago university police found my girlfriend and I in a room with 1.5 grams of marijuana. At the time I took full responsibility of the substance in order to protect her from charges and because it was an all round stressful situation I didn't know what to do - whether she would break up with me, etc. Anyway, we've had a chance to discuss this and she wants to take responsibility for the marijuana that was in fact hers. Can she do this and how to we go about it. Does she just right a statement? Any advice on what to include in the statement?

Really appreciate the help guys.
 


tranquility

Senior Member
All you did by "taking responsibility" was confess to the crime of possession. If she now confesses to the crime of possession, you both can be convicted. I'd see an attorney before talking about this to anyone else for advice. When I see "university police" I'm thinking one or both are students. If so, federal money can be denied to those with a drug conviction.

See an attorney. Possession does not equal ownership.
 

Zigner

Senior Member, Non-Attorney
DC (only U.S. law)?

About a week ago university police found my girlfriend and I in a room with 1.5 grams of marijuana. At the time I took full responsibility of the substance in order to protect her from charges and because it was an all round stressful situation I didn't know what to do - whether she would break up with me, etc. Anyway, we've had a chance to discuss this and she wants to take responsibility for the marijuana that was in fact hers. Can she do this and how to we go about it. Does she just right a statement? Any advice on what to include in the statement?

Really appreciate the help guys.
Were you charged with possession? If yes, then BOTH of you could have been charged. Ownership is not the same as possession.

ETA: Yeah, what Tranq said!
 

Worried1234

Junior Member
Yes we are both students (freshman), no federal charges were filled, I was just written up for a drug violation against university code of conduct. All the report says is that I took responsibility for the marijuana. The marijuana was found in a ziplock bag with my girlfriend's belongings.
 
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tranquility

Senior Member
See also:
http://www.grahamlawyerblog.com/2011/06/05/charged-with-marijuana-possession-here-are-9-things-you-should-know-before-your-arraignment/

http://www.odos.uiuc.edu/sls/brochureAds/downloads/DrugsFinancialAid.pdf
 

FlyingRon

Senior Member
Yes we are both students (freshman), no federal charges were filled, I was just written up for a drug violation against university code of conduct. All the report says is that I took responsibility for the marijuana. The marijuana was found in a ziplock bag with my girlfriend's belongings.
Nobody said anything about federal charges. You'd be lucky if the university police stopped at a university code violation, you can expect to be charged criminally. A drug conviction (be it DC or federal) will affect you severely (including financial aid).
 

Worried1234

Junior Member
They have no plans to charge me criminally. The report doesn't mention that I had any actual or constructive possession, just that I took responsibility. I also pay my own tuition, so federal aid is not a problem. Just looking to withdraw my admission of guilt.
 

tranquility

Senior Member
Possession is knowledge and control. Control is easy for the police to prove. It was in a place you were. Knowledge is harder. You've given them that. You, in fact, are guilty. You can withdraw your confession if you'd like, but they don't need it for the truth that you owned the pot, just that you were aware of it being there.

I'm glad you will not be charged criminally. But, you are guilty and another saying they owned the pot does not change the fact. If five people are passing the dutchie on the left hand side, all are in possession even if Stoney McStoney says it's his.
 

Worried1234

Junior Member
Tranquility, thank you for your advice i honestly appreciate it.

But I did not have actual or constructive possession of the pot. It was in my girlfriend's handbag out of sight. I did not admit possession, I admitted "responsibility" when they plucked it out of her handbag. I actually wasn't even in the room when they found the marijuana. I came back to find them there.
 
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tranquility

Senior Member
I did not admit possession, I admitted "responsibility" when they plucked it out of her handbag
I think that would be enough for any jury in the land to find beyond a reasonable doubt, you had the mens rea for possession.

Officer Dick: "What's all this then?" (While pulling out a baggie of a green leafy substance out of girlfriend's purse.)

Worried1234: "I take responsibility."

OD: "Fine."

That's possession partner.
 

Worried1234

Junior Member
Why were the police at your dorm/home to begin with?


I was outside, my girlfriend was in my room said she needed to use the bathroom, lit a quick bowl, and then met up with me down the hall.

"a suspicious odor consistent with that of burning marijuana emanating from Mr. XYZ residence's hall room." was reported,


police come in while were both out, find pot in her bag. we get back they ask who's pot it is.
 

ERAUPIKE

Senior Member
Yes we are both students (freshman), no federal charges were filled, I was just written up for a drug violation against university code of conduct. All the report says is that I took responsibility for the marijuana. The marijuana was found in a ziplock bag with my girlfriend's belongings.
Were you charged with a crime or with a violation of the university code of conduct?

If you were charged with a crime, then retain an attorney.
 

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