First Time Offense; Marijuana and Paraphernalia Possession

[gregsmith]

My question involves criminal law for the state of: Michigan

I was arrested for Possession of Marijuana and Paraphernalia as a passenger in a friend's car. We were not smoking but the officer started asking about pot from the get-go; when questioned about "where we threw the weed" (which did not happen), I replied that there was no weed. After searching the car, the officer found a bag containing less than 2 grams of weed and three pieces of paraphernalia under my passenger seat. We were imprisoned in jail for about eight hours before posting bail. Miranda rights were never read. My record, aside from paid-off parking tickets, is spotless. I was wondering how best to go about defending myself against these charges; any advice would be greatly appreciated. Thanks,

Greg Smith

[LawResearcherMissy]

Have you made arrangements for counsel yet?

You should. Maximum punishments for pot and paraphernalia in Michigan are here - note that this includes a six month suspension of your drivers license.

As a first offender, you may be eligible for conditional discharge, which entails probation, then a clean record at the conclusion of your probation. An attorney will be able to help you negotiate for this.

[gregsmith]

I have not made arrangements for counsel yet but have thought about it. I am currently considering entering a "not guilty" plea after explaining my case to the judge. As the case stands, I am not guilty... I was a passenger in a friend's car that happened to have a bag of weed and paraphernalia in it. When searched, all I had on my person was a cell phone, wallet, and keys. I did not lie to any questions posited to me by the officers, nor did I say anything self-incriminating. I was sober at the time of the arrest and was not aware of the existence of the illicit bag.

I should point out that the reason we were pulled over was because the vehicle was swerving; my friend was inebriated with alcohol. He was charged with Possession of Marijuana and Operating While Intoxicated. I was never read my rights and was not informed of the reason for my arrest until we reached the station. At that time, I was told I was being arrested for Possession of Marijuana and needed to post a $50 bail. Eight hours later when I was bailed out, I had incurred a Drug Paraphernalia charge, bringing the bail to $100. I am innocent and believe that the case is beatable.

Two questions: Would it be foolish to represent myself as I explained above? Also, despite the lack of physical evidence linking me to the illicit bag, are there any legal loopholes which would make my mere presence in the car and/or proximity to the bag automatically incriminating?

Thank you for your reply, Missy; I am eager to hear any suggestions or thoughts regarding my case. God bless,

Greg

[LawResearcherMissy]

Would it be foolish to represent myself as I explained above?

While we have the right to represent ourselves in a court of law, I am of the long-held opinion that there are very, very few instances where we should do so. Lincoln said "He who represents himself has a fool for a client.", and I agree with him.

When you retain counsel, you aren't just benefitting from his more in-depth understanding of the law, you're also benefitting from his experience with and knowledge of the players in the local court. Sometimes, you need that more than you need an understanding of the law.

Also, despite the lack of physical evidence linking me to the illicit bag, are there any legal loopholes which would make my mere presence in the car and/or proximity to the bag automatically incriminating?

At the moment, it's your word vs. the cops. An attorney can help you argue your case and make your word more persuasive. If you're not guilty, you've got nothing to lose by having someone argue on your behalf to beat the charge.

[gregsmith]

Would it be advisable to use a court-appointed attorney? I am willing to solicit an attorney from a reputable law firm if the difference in quality of representation is great enough. Thanks again,

Greg

[wuchang21]

ya i had a similiar thing happen to me. Me n my friends just got done with a smoke session and i was in the backseat and my friend was driving and he was speeding and we got pulled over and we got asked all these questions and i just said i dont know to every question. But my friends lied and they found the pipe and my friend got charged with paraphanilia hes under 17 so he took the charge.

[tc498]

A private lawyer will have more time to focus on your cases,just make sure he is a good lawyers.There not so good legal aids and not so good private lawyer. A local lawyer and a legal both know the da and judge,either should be able to get you a deal for diversion .

[gregsmith]

Does anyone here have experience using a court-appointed attorney?

[tc498]

It depends,a simple case and 1st timer,there should be a good chance to avoid a criminal conviction and get some type of diversion. I think in MI there a 7411 . A legal aid still passed the bar and has experience. You should be fine w. a legal aid,some lawyers have a free consultation.

If the marijuana was under your seat or just be nearing it could make you still responsible for possession depending on your states law. You need a lawyer b.c they know how the law works and what type of deal can be made if a straight out dismal is not option. You could always use a legal aid and if it's not going well hire a private lawyer.Either way you want to have a lawyer w.out one your going there blind.