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  1. #1

    Question Can I Beat a Drug Possession Charge if a Friend Says He Put the Drugs On Me

    My question involves criminal law for the state of: South Carolina

    I'm 17 and I was sitting in my car in the school parking lot. A student walks by my car with a couple other people in it and exclaims that he thinks there are students smoking in a car. The teacher comes by and asks us to get out and come inside because it was during school hours. We are taken into a principal's office and told we smell like weed. They search all of us and found something on me and a friend of mine. The friend said that he put what was found on me without my knowledge. Due to where they found it; it is possible for me not to have known. He also said that anything they found in my car was all his.

    My question is; is it possible for the simple possession of marijuana (44-53-370) on me to be dropped? As far as I know I wasn't charged for anything that was in my car. They found something in the jacket I was wearing; which I had borrowed from that same friend. A video camera that my friend had on him had at least one video of my friends smoking- and probably more. Is it possible that they could use that as evidence against me? I'm curious to know if a video of teenagers smoking (we could have been faking it for the video camera) could add up to a possession charge for me even if my friend said he put what was found on me without my knowledge.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Charged with Possession Without Knowing It Was on Me

    It is unlikely charges will be dropped. It is clear from your explanation you were using.

  3. #3

    Default Re: Charged with Possession Without Knowing It Was on Me

    I feared that would be the case. Thank you for your quick reply and for your help.

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Charged with Possession Without Knowing It Was on Me

    Ah, the jacket variation of the ol’ “these aren’t my pants!” defense. Sorry, but even if it is true this time, the cops, prosecutor, and judge have all heard it to many times before. I doubt that any videos of you smoking weed will result in additional charges – UNLESS, the video shows you providing weed (or any other illegal substance) to others. That, along with your possession in your car, could support it getting bumped up to a distribution charge. I don’t think that is likely, but possible.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Charged with Possession Without Knowing It Was on Me

    You need to be honest with your lawyer. It varies by state as to what age your parents pay your legal bill. 17....this could likely be an adult charge and you pay. As your lawyer will advise - if you are not honest, he/she can simply keep your retainer and drop you.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Charged with Possession Without Knowing It Was on Me

    And in fact, your they could then charge you both with possession.

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