What to do if I was pulled over with my cousin and the police officer smelled marijuana who searched us and ended up finding marijuana in the car?

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What to do if I was pulled over with my cousin and the police officer smelled marijuana who searched us and ended up finding marijuana in the car?

None of the marijuana was mine and now they are trying to charge me with visiting a common nuisance. My cousin also told the officer that i knew it was in the car and that we smoked some. He couldnt ask me any questions since i wasnt 18. I have been arrested for theft a couple years ago. If i fight this in court and just plead the fifth can they charge me with anything? Worth fighting or no?

Asked on January 20, 2013 under Criminal Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about and coupled with the fact that you are a minor I would request the appointment of a public defender or court appointed counsel when you show up on court for the first time with your parent or parents.

I would contest the charge against you since the vehicle was not yours, your were not driving it, no testing was done on you as to a controlled substance and none was found on your possession. The matter is worth fighting over.


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