My question is if weather or not i have a chance to fight this and win in court

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My question is if weather or not i have a chance to fight this and win in court

I in the passionger side of my buddys
car. When we got pulled over for
speeding. While being pulled over the
office saw a jar in the back seat. the
Officers ask us to step out. We did so
and the car was searched and the office
found 2 pipes and a grind. None o which
were mine nor did i have knowledge of
these being in the car. I told the
office this along with my buddy saying
the paraphernalia was his yet i was
still issued citations for possession
of marijuana and possession of
paraphernalia.

Asked on January 18, 2017 under Criminal Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The standard of proof or evidence required to write you a citation is much less than to convict you, so they can cite you if there is some reason to think it was yours or under your control as well. However, to actually convict you, they would need to prove "beyond a reasonable" doubt that it was yours, which may be very difficult to do if your friend is admitting it was his. Indeed, based on his admission, it may be possible to get the case dismissed without ever going to trial, if the police can't produce enough evidence suppporting their position to justify going ahead. You should retain a criminal defense lawyer, who may be able to get this case thrown out for you.


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