Hire an attorney to get it dismissed. The "why" is because they can unfortunately.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
There is no way to answer what was going through the mind of the police officer. They could try to say that you both possessed the marihuana. It is not a case where you should lose sleep over the situation. In the end, you should be able to get the case dismissed. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: firstname.lastname@example.org. This answer is only for informational purposes and is not meant as legal advice.
It is likely that a lawyer can get the case dismissed. You may find out why the officer gave you a summons when you go to court and can read the factual basis for the charge.
I have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau Chief in the Brooklyn DA's Office and have over 30 years of criminal law experience. Phone: 212-766-3366; www.goldbergandallen.com
Possession requires actual or constructive. If they found it "dropped" by the two of you, they will often cite both persons, which doesn't mean that the prosecution will get anywhere. It is unknown if the officer's position is that he saw you drop it if it is a drop case.