I'm 17 year old in utah and i believe i'm being charged with possession.
Don't you have a citation or some paperwork that indicates the code section or law you are accused of violating?
ok so i was with a friend and we went to a road to smoke marijuana after smoking the marijuana i was speeding down the road and got pulled over.
Okay, so, you were speeding and got stopped ... that equates to a legitimate detention.
Then, the officer approaches and smells the distinct, pungent aroma of marijuana wafting from your person. That gives rise to articulable probable cause for a search and further detention to investigate for both possession and for DUI (drugs).
i made up a lie and they didn't believe me
I'm shocked.
<sarcastic>
i said we were smoking marijuana but after saying that i asked if i had to have my Miranda rights read to me and if what i said could be used against me because my rights weren't read to me.
The officer should have told you that you were not under arrest so Miranda did not yet apply, and, yes, your statements can and will be used against you.
I would likely have told you at that point that you did not have to talk with me if you did not want to. But, that's me.
While in the car a cop told me i was being arrested for possession and DUI for driving while under the influence he then asked me whos weed it was and i told him it was my friends not mine but my friend told him the same thing.
And since you told the officer exactly where it had been, that shows you were aware of it and, arguably, exercised some dominion and control over the contraband. That gives rise to probable cause to believe you are in possession of a controlled substance.
1. did the officer violate my Miranda rights by asking me those questions after he had found evidence against me and i felt i wasn't free to leave therefore i was being held in custody
Probably not. Miranda generally only applies when you are BOTH in custody (with force equivalent to a custodial arrest) and, being interrogated. You did not appear to be in custody, ergo Miranda should no apply.
2. if he did violate my Miranda rights can anything i said before i was read my rights be used against me
IF for some reason a court rules that some part of your admission was a violation of Miranda (and I do not see it) then some part might be inadmissible, but the only part that I see MIGHT be applicable would be any statements made after the marijuana was discovered, not before. So, when you expressed knowledge of the marijuana and its location, that would likely be good under any interpretation.
3. if my friend owns up and says the marijuana was his will i still be charged for possession
You could be, yes.
Possession is about dominion and control, not ownership. You admitted to knowing it was there, admitted to being out there smoking it, and you wreaked. That's pretty solid for a possession case.
4. also if the marijuana wasn't found in my vehicle and i claim i didnt know it was there could this get me out of being charged with possession.
Ah, so, you mysteriously wreaked of marijuana, you lied when you said there was marijuana in the car and that you had smoked it, and there just happened to suddenly appear marijuana in the snow outside the car ... okay, give that one a whirl.
5. what are the consequences for a juvenile in utah being charged with possession.
You can ask your attorney.
I suspect that probation, fines and drug treatment are in your future. I am not sure if Utah also will suspend your license, but that could be a possibility as well.
