Possession of Marijuana in Virginia
My question involves criminal law for the state of: Virginia, I am 18 of age, and my record has been clean.
Driving home from a performance, I was pulled over for going 80 in a 70 zone. The officer asked for my license, and registration like usual. When i opened my dashboard to obtain my license, (i put my wallet there so i wont lose it during the concert) there happen to be a smoking pipe. The officer quickly asks "So is that a marijuana device?", I answer " I have no idea officer". I believe my "Friend" who rode to the show with me left the pipe in there when he asked if he can return to the car to grab his cigarettes. He asks if its mine, and I answered no, and he replies then whos is it? And then my friend in the passenger seat quickly says the "Friends" name. Anyhow, he calls for backup and searches the car, no marijuana is found. He brings me to the passenger seat of the police car, and begins writing the citations for the speeding and possession of marijuana, 1st offense. He shows me that there is residue in the pipe, and asks if I smoked marijuana, I answered " No, I never have" which is true. He lets me off, and continue the drive home...already damn 3 am.
My question(s) is, is there anyway I can be proven not guilty?
Is there anyway I can build more liability?
And would it be wise to bring up similar court cases, ex:Curry v. State, 249 So.2d 414, 416 (Miss. 1971), where the accused was proven not guilty?
Re: Possession of Marijuana in Virginia
Can you ask the friend whose pipe it was to come to court and own up it? Maybe he can convince the judge that it was not yours and you are to be exonerated. Maybe your friend can call the police and have them reissue the summons to him instead. Someone will have to own up to it; responsibility just doesn't wander off into the event horizon.
Re: Possession of Marijuana in Virginia
I really wish it was that easy; said friend refuses to own up to it due to his passed charges. There were four people in the car, and the passenger and two in the backseat said it was said "friend", they even used his name.
Also since no one in the car claimed possession of the pipe, shouldn't the officer charged everyone in the car with possession due to constructive possession?
Also "
An individual must have knowledge that they are possessing marijuana. If an individual is unaware of their possession, they are not committing a crime"
Is this true?
Thank you for your help, it is very much appreciated.
Re: Possession of Marijuana in Virginia
I agree with if it wasn't your pipe and you had no knowledge of it, you should not be charged.
I don' t know enough to be able to answer your other questions. You need an attorney or a public defender to beat the rap as best you can to maintain your clean record. I am wondering if a hair follicle test can be done to prove you are not a pot smoker. The hair follicle test is almost full proof and goes back many months of pot usage.
Re: Possession of Marijuana in Virginia
I could pass a Blood test, but not a Follicle test, because you only have to be around marijuana for it to be traced in your hair and I've played many venue where the crowd is passing around blunts. I am going to apply for a public defender and hopefully the best will happen for me.
Thanks again.