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Possession of Marijuana 1st Offense

I was charged with possession of Marijuana when I was with 3 other people

I had no marijuana on me therefor had no possession of marijuna on me. So how can i be charged with possession of marijuana Should I fight this?

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Attorney answers (1)

Reputation Level 17
Not enough details, nor would I ever advise someone to plead guilty. The police and prosecutor may believe that they can convict you based on constructive possession. For example, if you were the driver of a car and the police happened to come across marijuana stuffed down in between the seat on the driver side, they could charge you and convict you by arguing that based on where it was found and your proximity to the contraband that you were constructively possessing it. You should arrange to discuss the facts in much more detail with an attorney; he/she will be much better able to advise you. Additionally, many jurisdictions have first-time drug pleas that if one stays out of trouble and do what they are told to do ultimately gets dismissed. In closing, though, do not assume that simply because it wasn't physically found on your person that you can in no way be convicted; it will ultimately depend on the rest of the facts which unfortunately you have not posted in your question.
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