Possession without possessing?

[smarterdan]

What is the name of your state? New York

I live in Syracuse New York and I was in a non-moving car smoking when a cop came, I was the driver the car was registered to me etc. None of the pot was mine, nor any of the smoking things. There was nothing illegal in my car.

I did not actually HAVE any marijuana on me, but my friends did. I was charged with possession in a public place...is this justified because it was my car? I don't have any idea, I plan to get a lawyer but I really need some help. Thanks.


EDIT: I am 17 by the way. Can my name be mentioned in papers?

EDIT AGAIN: They admitted to it being theirs to, so it is obviously NOT mine, nor are the smoking instruments.

 

[CdwJava]

In most cases, being in constructive control is sufficient to charge you with possession. In other words, if the drugs were in a place where you had access to - and had knowledge (or should reasonably have had knowledge of) then you can be in possession.

So, if you and your buddies were in a car sharing the dope, and the dope was found sitting on the center console, there's a very good chance everyone is going down for possession.

However, making the arrest takes a much lower level of proof than getting a conviction.

So the arrest is probably good. The key will be if they can show that you had constructive control of the drugs.

The moral of the story? Get clean. And get new 'friends'.

Carl

 

[smarterdan]

So constructive control leads to a possession charge? I guess that is understandable.

I am a minor...so how long will this be on my record? And how will it affect my chances of college?

What is the best/worst scenario?

Thanks for any help, sorry for all the questions...I am just very nervous.

 

[CdwJava]

Not knowing the laws in NY, I couldn't say how this will effect you for school and loans. I doubt it would effect you getting IN to school, but it might effect your ability to get student loans.

You should probably have your parents get you a lawyer.

Carl

 

[You Are Guilty]

"There was nothing illegal in my car".... (other than the grup of 17 year olds puffing the 'magic dragon', I guess).

Anyway, depending on the amount of the "nothing illegal" that was seized, it could range from a dismissal (if everyone else admits ownership of everything), an ACD, to a conviction (if they don't fess up). If it was just a matter of a few joints, then you'll probably live a free man. If you had a pound or two under the seats, you may end up in the pokey.

(Very) general rule of thumb - amounts for "personal" use are not prosecuted nearly as much as amounts for "distribution". Problem is, you get some stupid stoners who need an ounce of their own to get high and suddenly they're on the hook for "distribution" when it really is all theirs.

And in the future, if you're going to do something illegal, don't do it in a public place. It makes catching you very easy.

 

[smarterdan]

I've only smoked about 4 times, so I can't really say what amount people had in weight, but I know my friend paid about 15 dollars for it.

And everyone admitted to what they had, so they know that nothing belonged to me.

 

[CdwJava]

It does not have to "belong" to you for you to be charged with possession. If you leave your dope on my coffee table in my living room, I'm on the hook for possession. This is why we can charge several people for possession of the same dope.

Carl

 

[smarterdan]

I am a minor, and norml says that the penalty for first offense marijuana possession is a 100 dollar fine and a "civil citation". What is a civil citation? Will that be on my record forever? Will that information be disclosed to colleges I am applying to, or if I apply for a job in the future? Is it possible to get it erased?

Sorry for all the questions, but thanks for all your help!

 

[Ummonx]

In NY, simple possession was decriminalized. Civil Citation is not even a misdemeanor. its more like a speeding infraction.

Not sure about your record or colleges though I would doubt it would have an effect. Federal financial aid might be another issue. it should not effect any school loans.

When you go for a job, they will ask you if you were ever convicted of a felony or a misdemeanor. If you answered no you would be answering truthfully.