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False Possession and Paraphanalia

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bleedngumsmegee

Junior Member
My friend and I were smoking marijuana on the University of North Carolina at Greensboro campus when a cop on a bike rode up on us. I didn't have anything in my hands or on my person or belongings. My friend confirmed that the weed and the pipe were both his. The officer gave both of us citations for having possession of less than 1/2 ounce of marijuana and possession of paraphanalia. What gives? Since i had nothing on me and my friend admitted both were his doesn't that mean that he shouldv'e gotten the only charge not me as well? Please if you can give me any help in this matter it would be greatly appreciated. Thankyou.
 


tranquility

Senior Member
Possession usually involves 1 Knowing 2. care, custody, control or authority over the item.

The first element is satisfied by your own admission, the second will be a bit harder to prove when the drug is actually in the hands of another. Did you hold it, pass it, have it on the ground between you at any point? If so, you would be guilty. If not, get an attorney--especially if you have a scholarship, grant or loan which could be affected.

(Actually, get an attorney even if you are guilty and anything would be affected.)
 

seniorjudge

Senior Member
Possession usually involves 1 Knowing 2. care, custody, control or authority over the item.

The first element is satisfied by your own admission, the second will be a bit harder to prove when the drug is actually in the hands of another. Did you hold it, pass it, have it on the ground between you at any point? If so, you would be guilty. If not, get an attorney--especially if you have a scholarship, grant or loan which could be affected.

(Actually, get an attorney even if you are guilty and anything would be affected.)
Yep.

100% agreement.
 

seniorjudge

Senior Member
Possession usually involves 1 Knowing 2. care, custody, control or authority over the item.

The first element is satisfied by your own admission, the second will be a bit harder to prove when the drug is actually in the hands of another. Did you hold it, pass it, have it on the ground between you at any point? If so, you would be guilty. If not, get an attorney--especially if you have a scholarship, grant or loan which could be affected.

(Actually, get an attorney even if you are guilty and anything would be affected.)
Am I Frick or Frack?
 

tranquility

Senior Member
Since Frick took his name from a small town and you claim a small parish in your page, I'll name you frick.

(I could change if you have and enjoy a fine frock coat.)
 

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