I was not driving the car, I have a medical marijuana card, and he smelled marijuana , which I think give him "probable cause"to search my car... I was not arrested, or given a ticket. Do you think I will have to do jail time.. I have never been arrested before and have no criminal record.
Mr. Wolf is correct. In addition, I am assuming you do not have a prescription for the vicodin since you are concerned about jail time. If charges are filed against you for possession of a controlled substance and you have no criminal record as indicated, you may be eligible for a diversion program in which you complete a drug treatment program. Once the program is complete, without any new charges or program rule violations, you return to court and the judge will dismiss the case.
Consulting an attorney (be it private counsel or court appointed) is always in your best interest, especially when it involves felony charges.
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