What do I do if I recently got caught with synthetic marijuana in a school zone and although I did not have possesion of it I was with people who did?

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What do I do if I recently got caught with synthetic marijuana in a school zone and although I did not have possesion of it I was with people who did?

The campus police came and told us that he had to send the roach to the lab to be tested and that when it came back to be a synthetic marijuana we would all get warrants and go to jail. Like I said I was not in possession of it.

Asked on April 18, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The series of synthetic marijuanas are the latest controlled substances to be regulated by the fed and the state... these are relatively new laws- so the best answer that anyone can give you is that it will be handled similarly to a possession of marijuana charge.  If it was just a joint, you can't be looking at more than a misdemeanor. (Which carries a range of punishment from probation to a year in county jail.)  The officer can arrest you on probable cause-- which essentially means there some evidence that you possessed it.  However, to convict, he's going to have to prove through "affirmative links" that you actually possessed it.  Affirmative links are the number of factors that connect you to the dope.  For example, if the drugs were found under where you were sitting and you had drug paraphernalia near you, these factors weigh against you.  If the dope was found away from you and in door pocket of another person's seat, this weighs in your favor.  There is not a rule on how many links, only that they sufficiently tie you to the drugs.  The standard for issuing a warrant in proble cause-- the lower burden.  If they decide to charge you, you're really not going to be able to do much to stop that part of the process.  But... instead of accepting a plea, you may want to consult with an attorney to help you oppose these charges.  They can give you more specific advice depending on the facts of your case.  If you are not guilty of this offense, an attorney can help convice the prosecutor to let you go without a conviction.  Even though it's a misdemenaor offense, these offenses have a way of popping up at the worst times in your life.


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