Charged with possession of marijuana that was not mine. what are my options?

Asked over 4 years ago - Atlanta, GA

My friend and I were getting a ride from another friend of ours when we were pulled over for wreckless driving. I had no idea, prior being pulled over, that the driver had marijuana in the car (less than a gram). When we came to a halt, he apparently threw the bag in my floorboard, (again, without my knowledge). The officers found the bag and arrested all 3 of us. The driver claimed he didn't know who's it was at first, and then later claimed it was his. My friend in the back seat was let free, but since it was within my wingspan, I was arrested and charged with marijuana. What can I do to make sure I am not charged with anything?

(side note: this is my first offense ever, and the drivers second offense for possession in less than 2 weeks.)

Attorney answers (4)

  1. Mark Allen Yurachek

    Contributor Level 13

    Answered . This response is intended for informational purposes only and is not intended to establish an attorney-client relationship.

    Obviously, since you were (presumably) charged with possession of marijuana, less than an ounce, it is impossible for you to avoid beying charged with ANYTHING. However, the scenario you have presented does suggest that there would be defenses to a the possession charge. Your best bet is to find an attorney and consult them prior to your next court date on the possession charge. From the facts you have presented, it is certainly possible that the attorney can help you find an aggreable resolution to your case, but of course it will depend largely on the facts as they are presented to the court, as opposed to how you recall them.

  2. Michael Jason Rhoades

    Contributor Level 16

    Answered . There are several possible ways that an attorney like me would go about getting you out of this situation. However, the sooner you hire a lawyer and get them to start helping you, the better. You want to get things done as quickly as possible to avoid the possibility that the weed gets pinned on you.
    You must also be mindful of what a possession conviction can do to your driver's license. An attorney will be able to help you navigate all the possible pitfalls here, but you need to speak with them before dealing with prosecutors.

  3. Lee William Fitzpatrick

    Contributor Level 16

    Answered . This will sound like a broken record, but the best advice is to get an attorney as soon as possible. An attorney can get to the prosecutor before y9ou ever go to court and depending on the circumstances may be able to resolve your case ahead of time. Also, the attorney will be able to review the state's evidence, lock down witness statements and advise you on the best way to defend yourself against these charges.

  4. Justin Spizman

    Pro

    Contributor Level 13

    Answered . You should definitely hire an attorney as their are numerous constitutional issues in this case which a trained professional can help you with. Possession of Marijuana less than an ounce in Georgia is a misdemeanor and many jurisdictions will offer you a Pre Trial Intervention program as this is your first arrest.

    However, you may have an issue of equal access, but that would be for your hired attorney to discuss with you. Whatever the case, there is a good chance you can have a favorable outcome under these facts if you hire an attorney to represent you.

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