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Can they charge you with possession of Marijuana if it is not on you and another party says the marijuana is theirs?

Athens, GA |

Less than an ounce of marijuana was found under center console of front seat and a pipe was found under drivers seat in the vehicle. Owner of vehicle said they were his. Police still charged the passenger with possession. No drug testing was done. Both driver and passenger stated they were only smoking cigerettes.

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Attorney answers 6


An experienced attorney should be able to get the charges against the passenger dismissed, based on the facts you gave. I emphasize the word "should." Ultimately it depends on the prosecutor whether or not to go forward against the passenger.


You can be charged with it but an experienced lawyer should be able to get the case dismissed.


If during the course of the stop they find Marijuana in the car, all occupants of the car are usually charged with possession.

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Yes. They can charge you with possession of marijuana if they have probable cause to believe that you committed a crime. That does not, however, mean that the State can prove your guilt beyond a reasonable doubt. Two or more people can jointly possess one object, and possession can be actual or constructive. Hire the best lawyer you can afford, and follow his/her advice. Quickly.

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The crime is possession, not ownership. Just because one person is the owner doesn't mean the other didn't also possess it.

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Yes, you can still be charged. However, there are ways around making this charge stick.