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  1. #1
    Join Date
    Dec 2012

    Default Charged with Possession of Marijuana in Someone Else's Car

    My question involves criminal law for the state of: Virginia
    I was riding in someone's car and cop's pulled us over for expired tags and the driver, who does not own the vehicle, happened to be left his drivers license at home and when cops asked if they could search the car he said "whatever'. We were four people riding the car and cope found a small "joint" of marijuana (tiny marijuana roll) in that car, and it happened to be that I was in front passenger seat where cop found it. So he gave only me the summons to appear at the court. None of us smoked neither knew about existence of that marijuana in that car, We were coming back from party and 3 of us except the driver were drinking. The car belongs to friend of ours who wasn't riding with us. None of us smoked marijuana that night. The same day I went for drug screening at 11am, and tox results obviously negative.
    What are my options as being charged with possession of marijuana? I never smoked neither being charged prior for anything, the only thing I have in my record is a speeding ticket in July 2006.
    On top of this cops were rude and the ticket for expired tags were never issued.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Charged with Possession of Marijuana in Someone Else's Car

    You have the right to take your case to trial. From what you have told us it appears that the prosecutor has enough evidence to get to trial, the question thus becoming whether the jury would believe your version of events over the prosecutor's argument. I suggest working with a criminal defense lawyer.

    There are probably "first offender" sentencing options in your state, for which you may be eligible, but It's not clear that you want to enter into such a program when you're claiming innocence.

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