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  1. #1
    Join Date
    Feb 2010
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    1

    Default Civil Infraction for Possession of Marijuana

    My question involves criminal law for the state of: Michigan

    My daughter was a passenger in a car that was pulled over by the police. To make a long story short, there was pot in the car and my daughter received a citation for a civil infraction for possession of marijuana. The other person in the car received a citation for misdemeanor possession.

    What is the difference between a civil and criminal infraction? How do the penalties differ? Does my daughter need an attorney?

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Civil Infraction for Possession of Marijuana

    A civil infraction means that the penalty is merely a fine. There is no criminal record involved.

    A criminal misdemeanor carries fines and a criminal record, and sometimes may include jail time.
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  3. #3
    Join Date
    Feb 2010
    Posts
    233

    Default Re: Civil Infraction for Possession of Marijuana

    Is that what usually happens? if a small amount of MJ (not lbs or bales) is found in a car resulting from a traffic stop, and someone admits to ownership, is everyone in the car charged? even with a civil infraction? same with an open container of ETOH, if one person (not the driver, and the driver is not impaired in anyway) has an open beer, is everyone in the car charged?

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Civil Infraction for Possession of Marijuana

    It depends on the state,in one place it could be an infraction and in another a misdeamanor.With an open container it might also depend on the amount and sometimes more then one person can be charged for the drugs,again each state is different. Normally if a small amount is found and someone owns up to it they would be the only person charged they're still a chance they might get arrested and charged.

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