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Posession Of Marijuana Charge

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christoph

Guest
What is the name of your state?Texas

I was recently arrested for possesion of Marijuana, the marijuana was in fact no mine it was a friends who had taken it out of his pocket and placed it in the middle console of my car when I was taken out of my car for questioning by the police. When the police found the drugs they questioned me and my other 2 'friends' neither of them admit to ownership of the drugs so I was charged because I am the owner of the vehicle. I was wondering if I can request to have the bag fingerprinted as I was never in posession of it. I was also wondering if I would have a case in small claims court against the owner of the marijuana to have him pay for the cost of my fine whatever it may be and the cost of my car to be taken out of the impound. I was wondering if this would work if I had a witness to state he saw my friend plant the drugs in the middle console of my car when I was taken out for questioning, another question is there anyway I could get the charge dismissed if my friend admits to ownership of the drugs or if I have his voice recorded saying he owned the drugs perhaps on a voicemail?
 


A

adesire2Bhappy

Guest
you were in the car when the police found it.... You are the owner of the car so there fore you are in possesion. it dont matter to the police if your prints are on it or not... :eek:


PS, Let me guess you didnt inhale either.... :D
 

CdwJava

Senior Member
Possession generally requires constructive control ... if it was within your reach, and obvious to the observer what it was, then you can be charged with the possession. Fingerprints won't change anything even IF they can find a useable print.

If your friend wants to cop to the stash, the prosecutor MIGHT decide to let it go at that, but he does not have to.

Carl
 

JETX

Senior Member
christoph said:
I was wondering if I can request to have the bag fingerprinted as I was never in posession of it.
Of course your attorney can make that request. Of course, there is no obligation on the authority's to comply and you may have to have the prints done independently (of course, this response doesn't consider the fact that the test would most likely be inconclusive.... but you didn't ask that).

I was also wondering if I would have a case in small claims court against the owner of the marijuana to have him pay for the cost of my fine whatever it may be and the cost of my car to be taken out of the impound.
Probably not. Simply, you failed to chose your friends wisely.

I was wondering if this would work if I had a witness to state he saw my friend plant the drugs in the middle console of my car when I was taken out for questioning
Of course you can present any witnesses you want. And why not just have this witness at your hearing in trying to get the charges dismissed??

another question is there anyway I could get the charge dismissed if my friend admits to ownership of the drugs or if I have his voice recorded saying he owned the drugs perhaps on a voicemail?
Yes, it is possible if you can convince the court/prosecutor of your claims.
 
C

christoph

Guest
Thanks for the help, and a quick question about probable cause, I understand this somewhat and the police officer told me he smelled the marijuana therefore he did not need a search warrant. To me this is very odd because the windows were down in my car and my friend was smoking a cigarette when the officer approached my vehicle I know I myself can't really do **** about this if he said he smelled it and I don't think he did, but say I got a good lawyer, what do you think the possibility of the evidence being thrown out would be in this situation. There is proof my friend was smoking a cigarette because he asked the officer if he should put it out and after a few back and forth comment the officer finally told him to throw it down.
 

CdwJava

Senior Member
christoph said:
Thanks for the help, and a quick question about probable cause, I understand this somewhat and the police officer told me he smelled the marijuana therefore he did not need a search warrant. To me this is very odd because the windows were down in my car and my friend was smoking a cigarette when the officer approached my vehicle I know I myself can't really do **** about this if he said he smelled it and I don't think he did, but say I got a good lawyer, what do you think the possibility of the evidence being thrown out would be in this situation. There is proof my friend was smoking a cigarette because he asked the officer if he should put it out and after a few back and forth comment the officer finally told him to throw it down.
What smokers tend not to understand is that the smoke from cigarettes and marijuana permeates everything ... it permeates the material of their clothing, the lining of their car, etc. And it also stays ... so he might, concevably have smelled marijuana from last week.

The open window keeps the smoke from billowing around a lot in the car ... but trust me, we WILL be able to smell it.

The question might be whether the really smelled marijuana or just cigaretees ... but given the fact that he FOUND marijuana, that tends to support his contention that he smelled it in the car.

I think you're up a creek trying to challenge the smell ... but it might not hurt. And in some states (well, at least one) the odor of marijuana is not probable cause. Unfortunately, TX is not that one.

Carl
 

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