Jewly said:
What is the name of your state? California My daughter was arrested for possesion of pot and they say that she was going to try to sell some of it. She says that it wasnt hers it was a freinds and that if she didnt tell the police that it was hers then her freind would have been arrested and hes been arrested three times. If he gets in trouble one more time then hes going to prison. So she took the blaime. Now she says that she wants to tell the police whos it really was. Her and the boy no longer talk. Is it possible for her to come clean with the police and have the charge dropped. Or is she just out of luck? She goes to court in one week.
If she has been charged with simple possession, she faces a $100 fine and fees. If she faces a sales charge, it will be much worse (depending on what specific offenses (code sections) she is charged with.
The problem with her now 'fessing up is that she will be hard to believe. The DA or the other kid's defense attorney will have an easy time discrediting any testimony she makes: "Were you lying to the police, of are you lying now?" Either way, she is an admitted liar. Then, of course, "You're just saying this to get back at your ex boyfriend, right?"
Possession only requires dominion and control - not ownership. Sales requires a little more effort to prove. They have to show that the amount was no sufficient for personal use (packaged for sales, money, pay-owe sheets, large quantity, etc.)
She needs a good attorney. Maybe she can get a good deal to possession if she rolls over on the other kid. Or, maybe her attorney can see that she gets diversion as opposed to jail or prison time.
And contrary to many drug advocates, very, very few people (at least in CA) do jail or prison time for a first (or even a third) offense for drug possession - even small quantity sales.
- Carl