What to do about a possession charge?

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What to do about a possession charge?

I was recently pulled over with my boyfriend for my lights being off at night. We had just left the parking lot of the motel my boyfriend had just moved into that night. Because of what the hotel was known for the officer asked to search the vehicle and we refused because he had no reason. After they called the canine unit my boyfriend admitted to having a bag of pot. They searched the car and found a bag of marijuana and a pipe. My boyfriend went to jail and for possession of marijuana and paraphernalia; he had arraignment the next morning and got a $250 fine for each charge. I got a ticket for possession of paraphernalia and pled not guilty because it was not my pipe and my boyfriend already got charged. What should I do next?

Asked on October 11, 2012 under Criminal Law, Michigan

Answers:

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

Answered 8 years ago | Contributor

Other than the fact that you were charged and arrested, you actually have some good facts in your favor if you want to fight these charges.  The main thing is that your boyfriend has already pled to the same charges-- this means that if you do go to trial, he can show up and testify that everything was his without risking another charge. 

To fight the charges you will want to request a pre-trial and jury trial.  Make sure that you have a copy of the offense report before you go forward so that you will have an idea of what will be said about you.  You can request this at pre-trial.  This will also help you prepare for trial.  You can fight the charge on your own, but if you can afford an attorney, you should consider retaining one to help you with pre-trial and trial matters.  They may also help you avoid trial by getting your boyfriend to prepare and affidavit and presenting it to the prosecutor.  The effectiveness of this approach will depend on the tenacity of the prosecutor in your jurisdiction-- but a local criminal defense attorney should be able to give you guidance on it's effectiveness in your area and have other ideas that may be unique to your jurisdiction. 


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