Marijuana.com

minnatrix

Heres the deal:
We were pulled over. The driver is under 18 and does not have a valid driver's license. The car belongs to his dad. There are 5 people in the car. All of them minors. We were all searched and they found nothing on us. His car was searched and his pot which was under my seat is found. They question us about the pot but no one admits to owning it. I simply tell them I do not know who's it is nor did I know about it being under my seat. My friend and I are the only ones to receive tickets. I am charged with possession of marijuana. My friend calls his dad to come help us.

I am looking for advice to fight this case. The marijuana was not mine and it was not found on my person's nor is the car in which it was found in belongs to me.

 

Darque Pervert

retain a lawyer.

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minnatrix

Some people aren't willing to pay that much just for fight a marijuana case. I'd rather pay the fine or be put on probation than to hire a lawyer and pay even more. I just want some advice.

Edit: Btw, I live in Cali.

feedyourhead

the best advice will come from a lawyer, or since you don't want to hire one, a public defender. why not take advantage of your right to an attorney? i'd sure as hell much rather get legal advice on fighting a posession charge from a public defender than from a bunch of kids on a marijuana forum...

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minnatrix

Well can you guys tell me what to expect when I go for my court case? Since I'm a juvenile will I actually have a court trial or will I be talking to some lady in a small room?

 

Buzzby

It could be either one, but that doesn't matter very much. The worst you can get in CA for possession of less than an ounce is a $100 fine (plus court costs) and no jail time. Much worse is that a person under 21 can get his driver's license suspended for up to one year.

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minnatrix

Yea I realize that possession under an ounce isn't very serious of a crime in Cali but I was wondering if my case is strong enough for me to fight it? Is it as easy as walking in there and telling them they did not find it on me, that it was found in the driver's car, and that it belonged to him and not me?

If I pay the fines then within 2 years I can act like it never happened but I don't want to do that because this is a wrongful charge.

Sec

Truth time now!

Was it your pot, really? or is your friend's pot or was it in the car when you and your friends got in and starting driving?

Are you looking for a defense to your situation?

I just have to say this: If it is your pot, and you are planning to place the blame or responsibility for the pot on your friend or your friend's parents, don't.

If it truely isn't your pot, then get a lawyer. I would think you could have cause to sue whoever the pot really belongs to in small claims court for your expenses in defending yourself. (provided you are found innocent).

If it is your pot really, then just take the fine and consequenses (get a lawyer anyway).

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Buzzby

You could do that, but I doubt that would get you off the hook. Everyone who gets caught without the weed on their person says that. If it worked, all you'd need to do to avoid a conviction is to take your bag out of your pocket.

A good lawyer might be able to get you off because he understands all the nuances of the law and knows all of the right terminology.

If they dust the bag for fingerprints, yours wouldn't be on it, right? And someone else's would? That would be a point in your favor. Even a public defender might get the case dismissed if he insists on forensic tests.

minnatrix

I'm pretty sure I only touched the bag once so yes my prints are on it but the majority of the prints aren't mine.