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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Possession of Marijuana in Virginia

    My question involves criminal law for the state of: Virginia

    Basically, I was in my friends car (who was driving sober), I (who was in the passengers seat drunk), and my brother (who was in the back seat sober) were all driving home from the bar got pulled over initially because of speeding. As soon as the officer got to the car he smelled the marijuana and immediately told us all to get out of the car to search us. My friend cooperated with the officer and put the marijuana on the car (about less than 1/4) and was cuffed and put in the back of the vehicle. Meanwhile my brother and I were searched, and I didn't have my glass pipe on me, it was in the car. So the officer searched the car and found the pipe on the passengers seat (the pipe was mine). My immediate reaction was to deny that the pipe was mine even though it was in my seat. So the officer asked my friend, and he also denied the pipe was his. So after denying that the pipe was mine (mistake #1), I agreed that it was mine. So the officer placed it on his hood. After going to the car a couple of minutes later, the officer asked me the questions again, and I denied it, not realizing that I had already told him that the pipe was mine (mistake #2). At this point in time, the officer and I exchanged words, (me saying that I already answered the question & why he was asking me the same question over and over again, and after I told him the pipe was mine again), and I get put in cuffs. Eventually the cuffs are taken off, and I was charged with possession of marijuana. The whole time my friend was the one who had the marijuana on him, so I'm trying to figure out why I am being charged with possession instead of drug pariphernalia because clearly the pipe had resin in it. Are they justified in charging me for possession because I had the pipe/because I talked back to the officer, or should they have charged me with possession, or should they have charged me for both. I've asked around and researched it, and I'm still unsure of what should have happened. I know it is just another case of someones mouth getting them in more trouble then they already are, but regardless, I DID NOT have the marijuana on me.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Possession of Marijuana in Virginia

    You'll need to get yourself a lawyer, run your story by them & see what they might be able to do for you.

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