can i be charged for marijuana later on?

I was pulled over with a friend who had just stolen his ex’s play station. They found the PlayStation and arrested me because I was the only one not underage. They also found marijuana in my trunk at the time but did not charge me. They have now dropped the other charges, but are trying to charge me with the marijuana. Can they do that? If so, do I have any defense to try to fight it?

Asked on March 2, 2017 under Criminal Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Yes, you can be charged later. There is no legal requirement that you be charged immediately or at the scene.
2) If it was your car's trunk, unless you have someone else who will come forward and admit the marijuana belonged to them, you are not likely to have a good defense.

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