Passenger of a Marijuana Search

[mcjones92]

My question involves criminal law for the state of: Michigan

Coming back from a fair, there were four people, including myself, in a car. I was in the back seat behind the passenger. We got pulled over by the police for a reason that was never explained to us. Upon approaching the vehicle the cop said he had suspicion of marijuana. The owner of the vehicle willingly handed over a bag with less that .5 grams of marijuana, several baggies, and two smoking pieces. The owner of the vehicle gave consent to search. We were removed from the vehicle, searched and put in the cop car. Nothing besides my phone, wallet, and inhaler were found on me. They removed and kept all of our money that was in our wallets. Upon thorough search of the car, the only other evidence that was found was three capsules of a synthetic substance that is apparently still legal to be purchases online. They suspected it was cocaine, meth, or any other illegal substance that comes in as a white powder. However, I am certain it is not a commonly tested substance. I was completely unaware that this was in the car.

After a long time, the car was seized, and we were directed to call and have someone pick us up. No citation or ticket was ever issued to any of us. When we were sitting on the curb as we awaited our ride, we talked with the cops. I asked them what I should expect next and they never gave me a straight answer. They said the unidentified substance was going to be scanned.

After a few days, the owner of the vehicle recovered his car and he was given four envelopes, all with a list of the evidence that was found and the estimated value of each item. The unidentified substances were labeled "TBD." Although I have yet to see the paperwork, apparently it states that we each have a warrant. It has been around five days and I have heard nothing else.

My question is: What can I expect to happen? I am a first time offender and have no criminal history. I also work at a very reputable hospital that I am nervous about losing if convicted. I know that the law says that all people within the vehicle can be charged with any substance found, but I had nothing to do with it. I was just in the car for the ride to the fair. I guess its just wrong place, wrong time. A misdemeanor possession charge is something I really do not want. Do you think an attorney can help remove the charges or is probation or worse in the question for all passengers of the vehicle? One more thing: nobody ever owned up to the drugs in the car. I still find the whole situation BS for me because I was unaware of the drugs and the way the situation was handled didn't seem right.

The owner of the vehicle was indeed on probation and this is definately violation, so I suspect jail for him. For the others, I do not know what could happen. I am very scared at this unfortunate event.

Any comments/advice? Should I expect a court date in the mail? What should I plea?

[cdwjava]

If the owner was on probation with search conditions, and he was operating or in the car, then the car is fair game for the cops at most any time. From what you have written it sounds as if the police had some reason to believe your pals were involved in some form of drug transaction ... did they make any stops while you were getting this alleged ride to the fair? Keep in mind they might have made a controlled buy/sale and there may well be video of your involvement (if any).

Speak to an attorney. If the case is strong enough, then you may have to choose between diversion and the potential for jail.

[mcjones92]

If the owner was on probation with search conditions, and he was operating or in the car, then the car is fair game for the cops at most any time. From what you have written it sounds as if the police had some reason to believe your pals were involved in some form of drug transaction ... did they make any stops while you were getting this alleged ride to the fair? Keep in mind they might have made a controlled buy/sale and there may well be video of your involvement (if any).

Speak to an attorney. If the case is strong enough, then you may have to choose between diversion and the potential for jail.

No. At no point was there ever a transaction of drugs. Everything I stated was completely true. Like I said, wrong place, wrong time.

By diversion do you mean essentially probation or a similar program? And that would be pleading guilty as a first time offender, correct? I don't know why jail would be in the question. I would love to push for innocence but if that is not possible, I guess I would have to go for the diversion.

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One more thing, can each person in the car be represented separately? I would rather not have a lawyer represent us all the same because we all should not be charged the same in my opinion.

[cdwjava]

Diversion is usually a program in which you plead guilty, attend counseling and guidance on probation, and if you successfully complete the program the case can be reopened and dismissed. Your state's procedures may differ, but most states have some sort of program to minimize the impact of a possession charge.

However, the burden of proof will be on the state to show that you knew of the existence of the controlled substances and possessed the ability to exercise control over them. If they were found in a common area where you should have reasonably know of them, a defense becomes harder. If, however, they were hidden in a place not exclusively under your control their case becomes more difficult.

And, yes, it is very likely that you will all have separate counsel as you have competing interests - you can all benefit by pointing fingers at the other guys.

[mcjones92]

The only thing they took was my contact information. Do you think I should be waiting for a postcard with a court date or a phone call? Honestly I don't know how they can prove I knew about it; because I didn't. It seems very corrupt that they can potentially charge four people for such a little amount of drugs that looked like it barely enough for two people.

I guess what I've learned is to only drive with people that I know would never have drugs. It has definitely led me into an unfair situation.