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Possession of Marijuana

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Trouble81985

Junior Member
What is the name of your state (only U.S. law)? Virginia

My friend was pulled over because her license plate did not match up. She had only had this car for a few days and the license plate had been on her previous car but the dates were still good so she was getting the registration transferred. So until it was final with the dmv the plates didn't match to the car she was driving. Anyway, after the police officer saw that everything checked out he asked her if he could search her car. Because she had nothing to hide, or so she thought, she said yes. Well he came back and told her he found a bag of marijuana under her passenger seat. She had no clue it was there. She doesn't smoke that stuff. She only had the car for a few days and got it from a private used car place. So she's assuming it must be from the previous owner. But now she's stuck with this charge and is facing either 30 days in jail or a major fine. Or the first offense program which apparantly consists of a 7 week class and community service along with the 6 month suspension and fines. She asked her public defender about fingerprinting the bag to prove it wasn't hers but of course he said they wont do that. Ok so how does she get out of this because she doesn't derserve to have to do all that when it wasn't hers and she had no clue it was there??What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
Having improper plates is more than enough probable cause for the stop. Fingerprints don't mean anything. Ownership has squat to do with a possession charge. What is a "private used car place?"
 

CdwJava

Senior Member
My friend was pulled over because her license plate did not match up.
We call that "reasonable suspicion," and that is all that is needed for a detention.

She had only had this car for a few days and the license plate had been on her previous car but the dates were still good so she was getting the registration transferred.
So she thought putting the plates on a car it was not registered to was a GOOD idea?? :eek:

But now she's stuck with this charge and is facing either 30 days in jail or a major fine. Or the first offense program which apparantly consists of a 7 week class and community service along with the 6 month suspension and fines. She asked her public defender about fingerprinting the bag to prove it wasn't hers but of course he said they wont do that. Ok so how does she get out of this because she doesn't derserve to have to do all that when it wasn't hers and she had no clue it was there??
Even if they print the bag all that would prove is that they could not find her prints. It would NOT prove that she was unaware of it. Remember, possession is a crime of dominion and control, not ownership.

Now, if she wants to fight it in court she can try to raise reasonable doubt by bringing in proof of the length of time she had been in possession of the crime and hoping a judge or jury will buy her claim of ignorance. She had better also hope that none of her belongings were near the dope or she will have a hard time showing a lack of knowledge.

Another hurdle is the false evidence of registration based upon the bad plates. That will seriously damage her credibility. If she intended to falsify the vehicle's registration, why would someone believe her denial of the marijuana?

She should talk over her options with the attorney. She may be between a rock and a hard place.
 

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