My Situation.. Help

[demonofthefall]

I am a victim of the age old "wrong place at the wrong time" cliche'... If possible, someone please tell me if I have a chance of getting this charge dropped. I was charged with simple possession of marijuana. I was at a concert with friends and upon leaving, myself and my friend who was bringing me home, were asked by 2 other mutual friends if we needed a ride to his car which was a few blocks away. We agreed.. Once in the car, it was decided that a joint should be smoked on the way, before we all went home. We were then stopped by a cop who smelled the weed. He knew we had all been smoking. He searched the car and found about 2 ounces of weed and an assortment of other things in the driver's purse. Needless to say we were all arrested. I tried to tell the officer that i was on my way home and the drugs were not mine. The driver even admitted that they were hers. It was her car as well. I have no prior arrest record. Not even a misdemeanor. My question is, in light of the situation and how I had no clue what was in her car, can i get this dropped? I had no drugs on me and all the drugs were claimed by the driver.. Can I still get charged with possession?

 

[The Occultist]

You don't actually say whether or not you smoked. If you took a hit at all, at that point you were most definitely in possession of that marijuana.
Being in a car with marijuana typically lands all passengers with a possession charge as all passengers had access to the marijuana.

 

[demonofthefall]

I did smoke and the cops know I did.. however if the driver does admit that all the drugs were indeed hers and I had nothing to do with them, can I still be charged with "possession"? If so, whats the best defense? Should I just plead guilty and take it on the nose or fight it?

 

[demonofthefall]

Yes, 2 ounces is indeed a fair bit of weed. However, the driver has already stated that it was hers and she was going to deal a little and smoke a little to the cops. Myself and the other 2 passengers have/had nothing to do with her dealing pot and we had no idea where it was or how much it was for that matter.... It was concealed in her purse so there was no way any of us would have known it was there unless we dug through it.

 

[demonofthefall]

....

Anyone have anything that may be of some help?

 

[The Occultist]

You actually physically held the pot, so assuming we ignore the fact that as far as the police are concerned it was available to you within the vehicle, YOU TOLD THEM YOU WERE HOLDING THE POT. That is possession, and not even an extended definition of the word by any means. And you confessed. You want a defense for that? like pleading insanity or something? "I'd like to plead insanity your honor; who in their right mind would smoke pot in a moving vehicle?" Sorry, that's the best defense I can come up with. Try a lawyer if you're feeling up to it. Pretty pricey though considering you'll probably end up with a slap on the wrists (assuming this is a first time offense).

 

[nohr4u1yr]

Advice...

Anyone have anything that may be of some help?

Yes, first you got busted and need to pay your dues. You all are the same... It wasn't mine, I did smoke it, but it wasn't mine...how can I get off? Sheesh!! Second, get into a drug rehab program.

 

[demonofthefall]

Yeah..Thanks so much you guys for stating the obvious. Of course I was pretty much aware that I would more than likely be found guilty under the circumstances..I guess my question to you legal geniuses was what could I do in light of the case that could help me.. Seek a lawyer? Look into pre-trail intervention?.. things of the sort. Or just take what they give me? As far as the smart ass comment by nohr4u1yr, your ignorance amuses me. Am I to enroll in rehab due to me smoking a joint every now and then? Give me a break. You are probably a sheltered person who thinks pot is evil and will destroy your life. Have you ever tried it? Do you get out? Do you have a girlfriend or friends at all? Or do you just get off making ignorant posts on here or otherwise being an *******...? I asked for any helpful advice, if you have none, please refrain from the bull****. Thanks..

 

[dialectic]

re

First what bad advice have i see here

"Get into rehab"

he smokes pot

and 2 ounces is nothing to worrry about

You probably wont get jack

They cant prove you were selling ? They cant even prove possession ?

This one will definately be a fine

 

[The Occultist]

She confessed to having it. That's pretty good proof to me dialectic.