marijuanna charges

What is the name of your state? TeXas

ok, i was at an ozzfest concert with a friend of mine. i was wondering if i could be charged with possesion of drug paraphernalia if i took a hit of a marijuanna joint but it didnt belong to me, my friend admited it was his and we both are going to court together. i havent gone yet and need any advice before i go that i can get. i didnt have any on me when they searched me and when they came up it was in my friends hands, but they said that they saw me take a hit off it and then pass it. but it still wasnt mine.

also i was wondering if since i am 16 that they could have done a private search without any consent from me or from my parents.....even then they didnt find anything on me but they found even more on my friend after that.

disasterpieces said:

i was wondering if i could be charged with possesion of drug paraphernalia if i took a hit of a marijuanna joint but it didnt belong to me, my friend admited it was his and we both are going to court together.

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You took possession of it to take a hit ... thus, you had possession. Possession requires only some form of dominion and control (i.e. access) to the object. Ownership is not required.

If you borrow my gun and are arrested for possessing a concealed firearm, you can't get out of it all because it's MY gun.

but they said that they saw me take a hit off it and then pass it. but it still wasnt mine.

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But, once you had control of it, you were in possession of it.

also i was wondering if since i am 16 that they could have done a private search without any consent from me or from my parents.....even then they didnt find anything on me but they found even more on my friend after that.

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They had probable cause and reason to believe that you might have marijuana on you since you had just smoked some. Plus, you were "in custody" for possession of marijuana and/or paraphernalia, and thus they had every lawful right to search you with or without your permission.

Carl

ok thanks,
hopefully i can at least get off pretty good since i have never had any problems or anything else with the law....ugh. at least it happened before i turned 17 and it really hurt my record and job openings...still sucks, but i screwed myself.

cant blame the cops...but sucked that i got kicked out of the concert i spent 75 bucks on and got to see 2 of the like 20 bands i paid to see.

disasterpieces said:

ok thanks,
hopefully i can at least get off pretty good since i have never had any problems or anything else with the law....ugh. at least it happened before i turned 17 and it really hurt my record and job openings...still sucks, but i screwed myself.

cant blame the cops...but sucked that i got kicked out of the concert i spent 75 bucks on and got to see 2 of the like 20 bands i paid to see.

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Tell it to the judge. It might make him feel sorry for you having to be in court and he might get you a job as a roadie for Ozzy so you can see him everyday.

i could do that, of course there are a ton of bands i would rather be a roadie to then ozzy. ...like Slipknot...do you think the judge likes Slipknot, maybe he will fill bad and pay my way to a concert and go with me.