What canI do about a wrongful unlawful possession of marijuana ticket if I’m on probation?
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What canI do about a wrongful unlawful possession of marijuana ticket if I’m on probation?
I am currently on ACD for a Class B misdemeanor (04/14/10 to 04/14/11). I was pulled over on 03/01/11 for having a modified exhaust. I had 2 friends in the car – 1 in the passenger seat and1 in the back. The officer asked me to step out of the car and we walked to the back of my car to talk. He told me he could smell marijuana coming from the car. He asked me what was in the car. I told him there was marijuana and he asked whose it was. I was scared so I just responded that it was all of ours (it was really my friends in the passenger seat). The cop searched and asked my 2 friends to step out of the car. He then proceeded to pat them down. He found neither of them with it so he searched the car. He found the bag of weed under the passenger seat. I figured my friend was going to say it was his because it was, but he denied that it was his and the officer gave me an appearance ticket for unlawful possession of marijuana since it was my car. He then let us go home. What is the likely outcome for this charge and will my other charge come back up even though it was not my weed? Also, can what I said to the officer be used against me in court since he did not read me my rights and it was only a conversation between me and him? Finally, am I entitled to a public defender I am 18 years old and live at home but my parents cannot afford to pay for an attorney?
Asked on March 3, 2011 under Criminal Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to speak with your attorney as soon as you possibly can on this matter. Yes, you are entitled to a public defender and you can go and speak with legal aid as well. I guarantee that what happens violates the terms of your probation and that is really not a good thing for you. It means that probation could be revoked and you could go to jail based upon the original offense. And now you are an adult and not a child so things could be really bad. I would speak with your parents on the matter. I know - you would rather not. But you are going to need some support here and I think that a showing of solidarity in a family is a plus when it comes to dealing with a Judge. Good luck to you. And maybe you should consider hanging around with other "friends."
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