How can I make sure that I am charged and not my girlfriend? 2 Answers as of February 22, 2011

I was pulled over for speeding and I put a very small amount of marijuana in my girlfriend purse, the truck was searched, I was honest and told him it was in there and gave consent to search. But the officer gave my girlfriend the ticket of possession less than an ounce, it is a fine and cant drive for 6 months, but I told him it was mine and he said he had to just ticket "what he saw" how can I get it put on me and not her? I was my fault and I want to get it on me not her is that possible? Should I just talk to the judge?

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Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
If your girlfriend hasn't pled guilty to the PCS less than one ounce charge, she can request a trial. She can call you as a witness and you can testify that it was your pot and she didn't know it was there until you slipped it in her purse. Of course the cop could potentially charge you with the offense and since you already confessed to it in court, you don't have much of a defense but if that's the truth then that's the truth (and you're doing the right thing). Beware though, if that's not the truth then you may be committing perjury which is a much more serious offense than this rinky dink pot charge.
Answer Applies to: Oregon
Replied: 2/22/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
Unfortunately, if your girlfriend knew it was marijuana and allowed you to put it in her purse, then there's likely not much that can be done.

The best thing to do would be to make sure your girlfriend has a good lawyer. There are some issues with search and seizure here - since the purse wasn't yours, you may not have been able to give permission for it to be searched. But since your girlfriend is the one who has been charged, she is the one who will have to argue the legal issues.

I am a former prosecutor and have extensive experience and training on search and seizure law. I would be happy to talk to your girlfriend, and represent her at a trial, if necessary. Please feel free to give me a call. The initial consultation is completely free. I will do my best to help you both.
Answer Applies to: Oregon
Replied: 2/22/2011
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