Went through a sobriety checkpoint, cops found weed in the console. Wasn't my weed. Anyway to get out of this?

Asked over 1 year ago - Lynchburg, VA

The weed was a friends, they put it in the center console. Neither one want to take responsibility. I know for a fact it wasn't mine. Could they fingerprint it to get the charge off of me?

Attorney answers (3)

  1. James Donald Garrett

    Contributor Level 20

    5

    Lawyers agree

    Answered . Not likely. If it's your car, and the marijuana is in the car, there is a presumption that it is yours. The burden will be on you to prove that it is not. I would suggest you contact an attorney in your area for advice on how to proceed.

    Good luck.

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  2. John Weber III

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . You have indicated that at a sobriety checkpoint, you were stopped, the car was searched and weed was found in the console. If the vehicle is registered to you, there is a rebuttable presumption that it is your weed, even if someone else put it there. Each person is responsible for knowing their car and that is the reason why it is imperative that you not let anyone borrow your car that might leave something like that in it. If the vehicle was not yours, there is a strong argument that can be made arguing that the weed was not yours because others had access to the vehicle. In either case, you should definitely consult with an attorney as a possession of weed charge in Virginia carries statutory penalties, including the suspension of your license.

  3. Kenneth William Jacobson

    Contributor Level 12

    2

    Lawyers agree

    Answered . If you friend is willing to come forward and admit that it was his/her weed, and that it was placed in your car without your knowledge, and you testify that you did not know it was there, then you should have no difficulty proving you case. If you can't do all that, talk to a local criminal defense attorney about your options.

    The information provided herein is intended solely for educational purposes and does not create an attorney-client... more

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