How best to handle a possession of marijuana charge?

Saturday night I was pulled over with 2 of my buddies. Our vehicle smelled of marijuana. The officers got us out of the car and searched all of us and the vehicle. They did not find anything but a few flakes on the ground I guess. My friend, who is 17, was driving. My other friend was in the passenger seat, who is 16, and I was in the backseat. I am just recently 18 years old. The officer arrested me without reading me my rights at all or even telling me what I was being arrested for even though I asked numerous times. I was brought to the jail and booked for what Ifound out was possession of marijuana, which is ridiculous because I had nothing on me whatsoever other than a cell phone, keys, and my wallet. And neither did any of my friends. I know that none of this was legal. I am just asking as a lawyer, what is your best advice on how to approach this? I’m thinking to plead not guilty on my court date and then getting a good criminal law attorney for the next court date. I’m in Starke County, IN.

Asked on October 24, 2011 under Criminal Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were arrested for possession of marijuana and you had no controlled substance upon your possession, I would first retain a criminal defense attorney at this point rather than appear in court at your arraignment for a plea.

Given what you have written a


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.