My question involves criminal law for the state of: Michigan
Yesterday My brother John, and his friend Tony, decided to do something really stupid and broke into an abandoned Jr. High in Eaton County. Somebody called the cops on them, and they found out about it quick enough to get in Tony's car and try to leave before the cops showed up. A couple streets down, the cop who was called to the scene pulled them over (I assume he had some sort of description of them that he used to find them).
The officer smelled marijuana in the car and used that as probable cause to search it. Tony and John both had personal bags of marijuana in the car. They found Tony's bag in the glove box first. When they found John's bag underneath the passenger seat, Tony decided that since he was going to jail anyway, he'd be a good friend and take responsibility for that bag also. Along with the marijuana, they also found multiple peices of paraphernalia.
I have two questions regarding this situation:
1) Since Tony was officially charged with two separate containers of marijuana, is he going to be charged with Intent to Distribute?
2) If he IS charged with Intent to Distribute, is it too late for John to come clean and admit that the second bag they found was actually his, effectively separating the felony into two misdemeanors?

