im on probation right now for a theft 3 n got a possesion of marijuna charge

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im on probation right now for a theft 3 n got a possesion of marijuna charge

I was in my friends back seat when we got pulled over, n the cops found a bag of weed in the seat behind me i had no idea it was there and now i have to go to court for it when im already on probation for 2 years im not supposed to get into any criminal trouble. Can I say it was unwitting possesion???

Asked on May 24, 2009 under Criminal Law, Washington

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think you really need to talk to a criminal lawyer in your area.  One place to look for qualified attorneys is our website, http://attorneypages.com

You have to deal with this very seriously, of course, to avoid a probation violation that would quite possibly send you to jail.

There are a lot of facts that aren't in your question, and there are sometimes very fine hairs to be split.  The bag of marijuana, if it was within your reach, might have been in your "constructive possession" even if it you didn't know it was there.  If the case goes to trial, your credibility might be the most important thing, and you really need a lawyer to protect that for you.  And, depending on the facts, it's possible that the search wasn't legal, and that the marijuana can't be used as evidence -- but your chances of making that argument successfully, on you own, are probably slim and none.


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