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Can I get alcohol and weed possession charges dropped if they found no weed and they didn't Breathalyzer me.

Pueblo, CO |

I threw a party and the cops came and broke it up. i was charged with unlawful possession of alcohol and marijuana, and disturbing the peace. I have heard that they can't charge me with either possession charges because they didn't Breathalyzer me or find any pot on the property. I have roommates that are 21 and over and they didn't card anyone that left the party. What can I do?

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Attorney answers 4


First, do not listen to people who are not attorneys who are giving you poor advice. People are charged with DUIs and alcohol-related offenses all the time with breathalyzers or blood tests. All that they have to show is that they found alcohol in your possession or within your reach. I am unsure as to the basis for charging you with possessing pot if they never found any pot. We are missing something about the facts. Sit down with an attorney for a free consult and get some actual legal advice. Best of luck

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


Do yourself a favor and call and get a free consultation with a local criminal defense lawyer.


You need to obtain and review the District Attorney's discovery file (preferably with your attorney) in order to determine what evidence the charges are based on. Until you do that, you have no idea what you are talking about. Once you know what the evidence it, it will be possible to determine if some or all of the charges should be dismissed.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


I have found that although taking legal advice from police officers is almost always a bad idea, taking legal advice from friends IS always a bad idea. If there was alcohol in the home, and you had access to it, then it could be in your possession. That's the same with the marijuana. If they didn't find the marijuana, but they are going to have witnesses who say it was there, or if the police clearly smelled it when they entered, then they may have put in the charge. Whether or not they can prove it at trial is really the question. Please talk to a criminal law attorney in your area so you can provide more details, and get a clearer answer.

This legal information is provided for general legal purposes and does not establish a client-attorney relationship. Because of the limited information provided in the question, it is difficult to be certain that Counsel is answering the question correctly. You are encouraged to seek further information from an attorney directly so that follow up questions may be asked if necessary.