Can I get my possession of marijuana charge dropped if my boyfriend admits the pipe was actually his?

A police officer smelled marijuana in the park where my bf was smoking, and as he approached us, he witnessed my bf take a hit. My boyfriend saw the cop and handed me his pipe hoping I would have time to hide it in my purse. I didn’t, the cop took the pipe from me, and asked who’s it was. I was terrified, so I said it was mine (he took it from my lap, and I didn’t want my bf to get mad at me). We both ended up getting tickets and I’m wondering if mine could be dropped if my boyfriend admits that it was his.

Asked on July 16, 2012 under Criminal Law, Oregon


Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

Anything is possible.  The obvious problem is that you admitted it was yours.  Pipe, plus an admission, does not get much easier for a prosecutor.  That said, if your attorney and your boyfriend's attorney went to the prosecutor and explained the situation.  He might dismiss against you. 

Note, there are a number of possible pleas that could happen in this fact scenerio.  I would have my attorney try and work out a deal.  I am suprised you were not charged with possession of marijuana and the pipe.

Hope this helps.

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