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How likely would it be for a marijuana possesion charge of 5-50 lbs to be charged if the passenger took the blame?

San Francisco, CA |

I was driving a car of 4 from california to michigan traveling through texas when i got pulled over. I was unaware of marijuana being in the car and a jar had fallen out of the car which lead the officer to ask for a search. Not being the owner of the car i told the cop i could not give him permission and that the passenger was the owner. The passenger let him search the car and the marijuana was found, somewhere around 10 lbs. We were taken to jail and all got charged with possesion of 5-50 lbs. The passenger who was also the owner of the car told the police the weed was his. I am 18 years old and i have a mip for alcohol on my record. Do you think that my charges will get dropped if i have a lawyer? I was traveling with my brother and 2 people i had met days before.

Attorney Answers 4

Posted

It is going to be a little difficult to convince a prosecutor, or a jury, that you didn't know 10 pounds of marijuana was in the car you were driving. This is a commonly told story. The specific facts, as in where it was located, how it was packaged, why you were traveling from California to Michigan, will all be important. Your good record will come in handy, though, in plea bargaining and if you are convicted, at the time of sentencing.

I agree with previous answers that you need a good criminal defense attorney because it is very unlikely that the case against you will just be dropped.

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Asker

Posted

Their was one suitcase that had bags of it concealed in it. The suitcase was located in the trunk and the passenger that said it was his admitted that he was the only one that knew about it. I told the arresting officer that I was working for my brother and his girlfriends petition company in walnut creek, california and that I was traveling back to Michigan where I live, to attend college.

Mark A. Broughton

Mark A. Broughton

Posted

I must encourage you not to discuss the specific facts of your case in a public forum like Avvo. This should be done with your lawyer, as we have suggested, which is a confidential communication and cannot be used against you later. Your lawyer will be able to assess the facts and circumstances of your case, negotiate with the prosecutor, and give you an informed opinion about your case. Your lawyer may well be able to convince the prosecutor that you did not know the marijuana was in the trunk, or if push comes to shove, the jury. These posted comments by those of us who participate in Avvo are for general informational purposes only, and in you situation, are hopefully leading you in the direction of selecting a good criminal defense attorney who can really assist you. Good luck!

Posted

First, you should get a lawyer, second, no one can tell you anything about what they think will or will not happen without facts.

You should talk to different attorneys about your case to see what they think. And by talk I mean go through a full consultation.

If you have any questions, please feel free to call me. I would be glad to give you a free consultation.

Elliot Zarabi
www.zarabilaw.com
213-612-7720

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Posted

No, I do not think the charges will get dropped. You will most likely have to go to trial and present your defense to the jury that you were unaware of the presence of the marijuana. Good luck to you.

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Asker

Posted

If you do not believe the charges will be dropped, what punishment should I be looking forward to?

David Jon Pullman

David Jon Pullman

Posted

Like I said, I think you should look to beat these charges entirely, by going to trial and presenting your defense, thereby getting no punishment at all. This is going to take a good attorney and a lot of time spent in Texas. You should hire an attorney and discuss your options with the attorney. If you can't afford one, the court will provide one to represent you.

Asker

Posted

We have a lawyer but I have not gotten to speak to him as much as I would like, my brother has been the one dealing with all of that which has lead me to asking these questions. Do you believe my chances to beat this are good?

David Jon Pullman

David Jon Pullman

Posted

Only your lawyer could tell you that.

Asker

Posted

Thank you for your help

Posted

Will the charges be dropped if you have a lawyer? - You should not be in court without a lawyer whether the charges are dropped or not.

Secondly - the more friendly the state is toward marijuana - the more likely the case could be dismissed. Sometimes prosecutors are happy if one person pleads and then the others get dismissed. But others want everyone to plead. There really is no magic answer.

I agree with the other posters that you are probably going to have to win your jury trial for this case to be dismissed.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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