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Passenger Marijuana charge

Council Bluffs, IA |

My girlfriend was given a ride home from work by a friend. He had a tail-light out on his trailer and they were pulled over. It was night. The officer said he could smell marijuana in the vehicle and searched the vehicle and found less than a gram of marijuana that was under her seat but it was the other guy's and he's admitting it was his. What is going to happen to her?

Attorney Answers 3

  1. It is impossible to say what will happen. In many cases similar to this, each person in the car would be assumed to be in joint control. Therefore, it is unlikely the DA will accept the admission of one person and let the rest go. Certain facts may change that.

    This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

  2. She needs to hire a criminal defense attorney in your area to represent her. Her co-defendant can give a statement to her lawyer admitting his responsibility and ownership of the marijuana. Get counsel to assist you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  3. The state could charge her with constructive possession. There is some good Iowa authority, however, that says mere proximity to a drug does not mean you possessed it. The state must still prove knowledge. The admission by the driver doesn't necessarily mean that she had no idea it was there. The state would still need to prove she could exercise control over it. She should still consult with an experienced
    criminal defense attorney.

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