What can I do if I was issued a citation and ordered to appear in court for possession of marijuana under 10 grams but I was unaware that my friend had it?

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What can I do if I was issued a citation and ordered to appear in court for possession of marijuana under 10 grams but I was unaware that my friend had it?

While looking for a place to stay at the beach we were pulled over in a hotel parking lot. The car was searched and the weed was confiscated and everyone received a ticket and was told we would have to appear in court. Even though I was was not driving, I was given a citation due to the fact that I was the primary driver of the car. Is there anyway I can evade the misdemeanor charge or get the case dismissed all together?

Asked on July 8, 2014 under Criminal Law, Maryland

Answers:

Richard Southard / Law Office of Richard Southard

Answered 7 years ago | Contributor

There are a couuple of issues here 1) the police have to establish a legal basis to search your car which is not present in the facts you present 2) Even if the drugs were in your car, it does not necessarily mean that you possessed them.  The automobile pesumption relating to drugs is much murkier with marijuana as opposed to controlled substances. Hire a good defense attorney, it sounds like you may be eligible for a marijuana ACD which would dismiss and seal the charges after one year if you dont get in any new trouble. This is independent of litigating teh legality of the search and seizure and risk of trial. 


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