Can I be charged with poss of thc if they don't find anything not even a seed....nothing!

Asked about 1 year ago - Racine, WI

I received a knock on my door about two weeks ago by the cops saying the got a call cause it smells like weed coming from my apartment! I admitted to them I smoke about an hour ago but it was gone now. They ask me if I had anymore I said no they did not search me at all nor my home but I still received a ticket for poss/thc is this a bogus ticket of can I actually be given a citation for smelling like weed?

Attorney answers (5)

  1. Jeffrey W. Jensen

    Pro

    Contributor Level 13

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    Answered . The admission that you made to police may not be enough to prove that what you smoked was, in fact, marijuana. I would speak to a lawyer.

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  2. Nick Passe

    Contributor Level 15

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    Lawyer agrees

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    Answered . The admission is a bit of a problem, though you might be able to defend it if you hired someone. The problem with that is you would almost certainly spend more on an attorney than you would on the ticket and you may still lose after also paying the attorney. Pick your poison.

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    Attorney Nicholas J. Passe

    Disclaimer: Per the avvo.com community guidelines, no attorney/client relationship is created by the asking or answering of questions on this web site, nor do the answers constitute legal advice. Always hire an attorney before making any important legal decisions. Posting details of a case on avvo.com may be subject to discovery in criminal or civil litigation, so erring on the side of nondisclosure is wise.

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  3. Jeffrey J. Szczewski

    Contributor Level 15

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    Lawyer agrees

    Answered . Well, you did confess to possessing it an hour before they arrived. But I do think it would be worth discussing in further detail in private with an attorney, since there may be other proof issues.

  4. Derek H. Goodman

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I suggest that you cease posting such details online and contact a criminal defense attorney in the area.

  5. David M. Stegall

    Pro

    Contributor Level 7

    Answered . Your confession plus the odor of marijuana is probably enough to sustain a conviction. There might be a technical defense there but you will easily spend 4-5 times the cost of the citation hiring an attorney to explore that defense for you.

    If you resolve the case make every effort to have the charge amended to almost anything besides possession of marijuana.

    Also, in the future you should exercise your right to silence or to an attorney when confronted by the police. Absent your confession your citation would not stick in my opinion.

    Best of luck.

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