Can I be charged with possessioin of marijuana if it was not on me? 5 Answers as of April 13, 2011

My friend and I were under a city park bridge smoking marijuana when a city cop caught us. He charged both of us with possession of marijuana. However, when we emptied our pockets all I had was a lighter and my friend pulled out a smoking bowl with weed in it and 1/8 of marijuana. He said it was all his, the weed and the bowl, and that none was mine. Can I be charged with possession if none of it was mine? If not, why? If so, how can I fight it in court? I am 17 being charged as an adult and he is 16, a minor. Is there anything I can do to lessen or drop the charges?

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Law Offices of Marshall Tauber
Law Offices of Marshall Tauber | Marshall Tauber
Section 7411 of the public health code will prevent a record of conviction. Look it up under Michigan law 333.7411.
Answer Applies to: Michigan
Replied: 4/13/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Yes, there is something you can do. You can choose between having a trial or negotiating a plea. At trial, there may be difficulties for the prosecutor to prove possession. They will attempt to create an inference that you possessed the marijuana. An alternativce is a plea. A request can be made to take the matter under 333.7411, a statute which keeps any convictino off your public record and does not result in a driver license sanction. (Note: all controlled substance convictions carry a driver license sanction). You would expect probation for between 1 and 2 years, possible testing, and treatment. Probation can be reporting or non-reporting. There would be fines and costs. A violation of probation could result in jail time. It is not anticipated that you would serve jail time as a result of the original sentence. Should you wish to further discuss your case, you may contact me at the address/phone below. I have successfully represented hundreds of persons with similar charges. Your Court and Judge will often determine what you might expect as the result of a plea or after a trial, should you be convicted.
Answer Applies to: Michigan
Replied: 4/13/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Sure you can be charged, but it sounds as if you have a great defense.
Answer Applies to: Michigan
Replied: 4/13/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
If you were smoking marijuana as you say you were, then you would have to be in possession of it in order to be smoking it. You need to retain an experienced criminal attorney who can look through the police report and evidence for errors that could get the charges reduced or dismissed. Depending on your past record (if any) you may be eligible for 7411 or something similar which may keep the charge off of your record. An experienced criminal attorney will be able to help you more. Best of everything.
Answer Applies to: Michigan
Replied: 4/12/2011
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Yes, hire a local attorney familiar with your court and judge. If you are in metro Detroit, click on the link to the left to call me and discuss.
Answer Applies to: Michigan
Replied: 4/12/2011
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