Could I get help on my possession charge? 4 Answers as of August 25, 2015

I was recently arrested for possession of marijuana, I was with a friend he was giving me a ride home. We were stopped because my friend parked awkwardly in front of his house. The cop said he smelled something and my friend instantly gave him the marijuana. We were brought into the police station and questioned about the marijuana without being read our rights. Does that cop have to read us our rights? And also it was my friend’s truck, he told the cop it was his marijuana which it was and I was still charged. Should I have been charged?

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
Answer Applies to: California
Replied: 8/25/2015
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
Police do not have to read you your Miranda rights when they arrest you unless they want to interrogate you while in police custody. When evidence of the crime is very obvious, cops don't need to take the time to question the suspect, so that's why they sometimes don't bother reading someone their rights. It's perfectly legal to arrest someone without reading them their rights. It does not matter that it was your friend's truck and he told the cop it was his weed. It's called "constructive possession" and police (and judges) assume that both of you knew the weed was there. The cop gave both of you tickets because you both had access to the marijuana. I strongly recommend that you hire an experienced attorney to represent you if you want to keep this off your permanent criminal record. Having a drug-related conviction on your record will prevent you from getting a job, renting an apartment, getting a loan (including federal student loans), etc. It depends on which court your case is being prosecuted in, and it also depends on your criminal history, but your attorney should be able to get the charge reduced to a lesser offense.
Answer Applies to: Missouri
Replied: 8/25/2015
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Fight it. It's bogus.
Answer Applies to: California
Replied: 8/25/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You need a defense attorney and may have some possible defenses. Do not speak with the authorities with and before you have counsel.
Answer Applies to: Michigan
Replied: 8/25/2015
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