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Possession?

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D

DMSCHREINER

Guest
I am 18 years old and I live in Colorado. Recently I was in a car accident and the cops
arrived shortly before I was taken to the hospital. I never spoke to a police officer until I was in the hospital and they had already searched my car. In searching my car they found
what they said was 1-8 ounces of marijuana and wrote me a ticket for a misdemeanor
offense possession. I was not under the influence and it was determined my the office that I was not under the influence. I realize that I was technically in possession of the drugs but the problem is that the marijuana was not mine. It was left in my car by a friend who told me
that she left it there after the fact. However, when I asked her how much marijuana was
there she told me that she wasn't sure, but less than an ounce. I don't know because I
never even saw the marijuana, and didn't even know where in my car it was located. My question is, do I have a legal right to ask that the
marijuana be weighed out in front of me for confirmation that the correct ticket was
issued. Also, what could I expect to happen upon my court date. Please help I am
confused and scared.
 


JETX

Senior Member
"I am 18 years old and I live in Colorado. Recently I was in a car accident and the cops arrived shortly before I was taken to the hospital. I never spoke to a police officer until I was in the hospital and they had already searched my car."
*** In the process of securing the vehicle, they are required to perform a cursory search (to protect both you and them against future claims of lost or stolen property).

"In searching my car they found
what they said was 1-8 ounces of marijuana and wrote me a ticket for a misdemeanor offense possession. I was not under the influence and it was determined my the office that I was not under the influence."
*** And from your post, you were not charged with DUI, only possession.

"I realize that I was technically in possession of the drugs but the problem is that the marijuana was not mine."
*** The fact that the vehicle was under your control, makes you responsible.

"It was left in my car by a friend who told me that she left it there after the fact."
*** Ah, now comes the REAL test of friendship. If your friend is willing to make a statement (to the police and prosecutor) that it was hers and that you had no knowledge of it, then the charges would likely be dropped against you. So, how good a 'friend' do you think this is.

"However, when I asked her how much marijuana was there she told me that she wasn't sure, but less than an ounce."
*** So you already know that there was marijuana there, the only question is the amount?? From your post and that this is a ticketable offense, I would assume that the penalties would be the same for either amount.

"My question is, do I have a legal right to ask that the marijuana be weighed out in front of me for confirmation that the correct ticket was issued."
*** No. Any challenge to the amount, etc. can be made at your trial.

"Also, what could I expect to happen upon my court date."
*** Charges read to you. Plea entered. Jury paneled. Trial begins. Evidence presented and crossed. Jury deliberation. Verdict read. If guilty, sentence read.

"Please help I am confused and scared."
*** Get an attorney if you want to mount a defense against the charges.
 

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