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

Asked over 2 years ago - 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)

  1. Mark A. Broughton

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    Contributor Level 16

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    Answered . 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.

  2. David Jon Pullman

    Contributor Level 19

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    Answered . 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.

  3. Elliot Rahmim Zarabi

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    Contributor Level 18

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    Answered . 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

  4. Tai Christopher Bogan

    Pro

    Contributor Level 18

    Answered . 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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