I was pulled over one night coming back from the bar with a guy and a girl whom I just started to hang out with. Upon being pulled over the officer asked for all ID's. The passenger (guy) had a warrant for his arrest for not paying child support. Because of this they were able to search the car. They also found a bag in his jacket with traces of cocaine. Under my seat (driver) they found a plastic grocery bag that had pot and scales and baggies in it. The guy (front passenger) put the bag there after being stopped when I wasn't paying attention - the girl (behind passenger in backseat) said she would be willing to testify this as she was the one who said she saw him put it there. I vaguely remember him having a grocery bag, however I never saw what was in it. Although I had no direct evidence, I assumed he would have pot with him (a joint or so) but I never knew the contents of the bag or his intention to sell to someone else.
I am now being charged with possession with intent to deliver. I have no prior criminal record and he has 3 prior possession charges. I was plea bargained just a possession charge with no 7411. The girl said she would testify that she saw him put a bag under my seat.
What is my situation? I certainly was not aware of the contents of the bag nor did I have any intent to deliver, but I would not have been surprised if he had some pot on him (assuming a joint or such). After both him and I spent the night in jail, the guy said he was hoping to see someone at the bar to sell to. I truly had no idea about this. While I am directly innocent for what I'm being charged for, I hear that I may be guilty because I thought he may have had some, although I was not sure.
Should I take the misdemeanor or fight it? I just graduated from college and I dunno how serious this is.
I also just read about the new Supreme Court decision that limits how police can search the passenger compartments of vehicles:
It is summarized by the Court as "Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest."
Does this mean anything for me?