What doI do ifI was arrested for possession of marijuana?

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What doI do ifI was arrested for possession of marijuana?

I was arrested for marijuana. My car was parked; keys were in my pockets; a cop asked to search my car (it’s under my parents name). I said fine and they found some marijuana in the car; a gram. There were 4 people in the car;all my friends. The cop asked whose it was and my friend admitted it was his. So he got arrested and so did I. I never admitted it was mine. What should I do? This is a misdemeanor. I have court coming up 10/04.

Asked on September 15, 2010 under Criminal Law, Illinois

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, for future reference, if a cop ever asks you if you can search ANYTHING, your clothes, car, house, boat, plane, etc., your answer should be "NO!!!"  If the cop goes ahead and searches it anyway, fine, but by consenting to the search you have forever waived your ability to challenge the legality of the search and therefore try to get the evidence, i.e. the weed in your case, thrown out.  In any event, given the facts that you have provided, there is a good chance that the prosecution will proceed forward only with the case against the person who confessed, not you.  Unless your friend has since recanted his confession, there is a good chance that an experienced criminal defense attorney will be able to get this charge resolved favorably for you.  Good luck.


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