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Can I be charged with poss of thc if they don't find anything not even a seed....nothing!

Racine, WI |

I received a knock on my door about two weeks ago by the cops saying the got a call cause it smells like weed coming from my apartment! I admitted to them I smoke about an hour ago but it was gone now. They ask me if I had anymore I said no they did not search me at all nor my home but I still received a ticket for poss/thc is this a bogus ticket of can I actually be given a citation for smelling like weed?

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Attorney answers 5

Best Answer

The admission that you made to police may not be enough to prove that what you smoked was, in fact, marijuana. I would speak to a lawyer.

This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.


Well, you did confess to possessing it an hour before they arrived. But I do think it would be worth discussing in further detail in private with an attorney, since there may be other proof issues.



Ok but possession is possession it was not found on my person...if anything they couldve arrested me for being under the influence of a controlled substance!


I suggest that you cease posting such details online and contact a criminal defense attorney in the area.



It wasn't me who has the citation it was a friend of mine I'm just trying to help them out!


The admission is a bit of a problem, though you might be able to defend it if you hired someone. The problem with that is you would almost certainly spend more on an attorney than you would on the ticket and you may still lose after also paying the attorney. Pick your poison.

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Your confession plus the odor of marijuana is probably enough to sustain a conviction. There might be a technical defense there but you will easily spend 4-5 times the cost of the citation hiring an attorney to explore that defense for you.

If you resolve the case make every effort to have the charge amended to almost anything besides possession of marijuana.

Also, in the future you should exercise your right to silence or to an attorney when confronted by the police. Absent your confession your citation would not stick in my opinion.

Best of luck.

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