If I was charged with possession of pot that wasn’t mine and my boyfriend is willing to take the blame, would charges against me likely be dropped?

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If I was charged with possession of pot that wasn’t mine and my boyfriend is willing to take the blame, would charges against me likely be dropped?

I got pulled over for a broken tail light, the officer said he smelled weed. At

this point I was sharing a car with my boyfriend because he had just moved

back to Minnesota due to me getting pregnant unexpectedly. I wasn’t aware of anything in the car. The police demanded I get out so he could search my car. He found a minuscule amount and charged me with possession of 1.4 grams. The problem is the officer didn’t have any way of weighing it and when I spoke to my boyfriend later he said it was remnants of one gram he had been smoking for a week, so in all likelihood it was less than 1/2 a gram. Can this charge be

dropped since it wasn’t my pot and the officer lied about the amount in question? I’m 7 months pregnant and would never smoke pot. Also, my

boyfriend is willing to testify in court that it is his. Should we take that risk or

could we both end up getting charged? Is there any way they could produce

the bag of weed in court so we can prove its nowhere near 1.4 grams?

Asked on September 11, 2016 under Criminal Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the case goes to trial, they will have to produce the bag of drugs and lab reports of any testing of it (including weighing): they will have to prove it was drugs and the quantity, and you will have the opportunity to dispute or challenge it.
There is no chance to get the matter dismissed without going to trial "because the officer lied"--first, you don't know if he did (your boyfriedn, for example, could be lying or not remember how much he had), but second, that is what the *trial* is for--a chance to prove if the state is right or wrong. The authorities will *not* dismiss pre-trial just because the defendant says the officer lied: defendants always say the officer lied. 
You also won't get the case dismissed because you are pregnant and allegedly would never smoke pot: the said fact is, there are pregnant women who smoke pot (or drink, use heroin or meth, etc.), so they will simply and correctly not take your word about this.
The *only* way to *possibly* get the matter dismissed without trial is for your boyfriend to step up and say it was his drugs, not yours; but that still doesn't guaranty they will dismiss, because the authorities may believe it was both your drugs, for example, and he is just trying to take all the blame. 
What you need to do is to consult with a criminal defense attorney before you say or do anything and follow his/her advice about how to proceed. Don't try to negotiate with police, and do not say anything they may use against you, without  a lawyer.

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.

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