My question involves criminal law for the state of: Arizona
I was recently arrested for an underage DUI and possession charges. I have a few questions about my situation; I am in probation for previous possession charges in the state of Maryland, though I was about three days from completing probation. The marijuana that was found in my car was not actually mine but my friend who was with me when I was arrested so I was wondering if there was a way for the court to drop these charges against me if my friend came to admit that the marijuana was his and if I can do that how would I go about doing so? I would also like to know what the charges against me might be since I was still on probation will I be facing jail time?
I also know that AZ is probably the hardest state on DUI's but I believe they put you on task and you have to take alcohol classes. I was also wondering what I might face through these charges other then what was stated above?
Marijuana and Possession
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12-07-2009, 01:42 PMTheRevolutionMarijuana and Possession
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12-08-2009, 05:46 PMMr. KnowitallRe: Marijuana and Possession
You can discuss with your lawyer whether the prosecutor is likely to believe that your friend had marijuana in your car, and that you had no actual or constructive possession of the marijuana. I expect that you argued that to the officer who arrested you, yet you were nonetheless charged.
As you violated your probation, you could be resentenced on your prior crime for up to the maximum remaining term of incarceration on that charge.
You can look up the statutes you're charged with violating here, to find out the maximum penalties. -
12-08-2009, 06:23 PMTheRevolutionRe: Marijuana and Possession
If I were to show up with a testimony or my friend in court and he were to admit through that would that work? Is there official papers for testimonials and what if I went with a public defender would I still be able to accomplish these things?
As they did both blood and breath tests when I was arrested and they tested for both marijuana and alcohol claiming that I was high though I was not at the time, is there a way that I can have the tests for marijuana removed if my friend admits to the possession and paraphernalia charges? -
12-08-2009, 06:29 PMcyjeffRe: Marijuana and PossessionYour friend is willing to confess to his guilt in open court?Quote:
Quoting TheRevolution
Nope. How are you going to explain how your friend's weed ended up in YOUR bloodstream?Quote:
As they did both blood and breath tests when I was arrested and they tested for both marijuana and alcohol claiming that I was high though I was not at the time, is there a way that I can have the tests for marijuana removed if my friend admits to the possession and paraphernalia charges?
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12-09-2009, 12:35 AMTheRevolutionRe: Marijuana and PossessionHe better be, Im not taking the blame for his weed that he bailed on in my car. Still that does not answer my question if I can have that done. Last time I was at court it was very quick the prosecutor said something and then the my defense lawyer said something and the judge said charges are cleared, meaning I had to do community service and classes to get my old charges expunged so I still am wondering if I can have a testimonial by him or go about it some other way.Quote:
Quoting cyjeff
Well why would they test for marijuana when I was pulled over for an alcohol DUI?Quote:
Quoting cyjeff
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12-09-2009, 02:15 AMThat GuyRe: Marijuana and PossessionWho told you that a "DUI" only covers alcohol?Quote:
Quoting TheRevolution
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12-09-2009, 06:48 PMcyjeffRe: Marijuana and PossessionThe same guy that told him he could get a second "first timer" sentence.Quote:
Quoting That Guy