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Possession of Marijuana Charges
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| sym |
I just got a summons for possession, and was looking for some info. I was in the car where the driver had weed in the car, but I did not have any on my person, is this grounds to plead not guilty since I didn't actually possess anything?
They also charged me with litering 'caus someone dumped the blunt guts out the window, but I also didn't do this, am I considered guilty?
EDIT: at the bottom of the summons they didn't make me sign, where it says to, is that an oversight on their part that will get me off? |
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| zizack |
| well, you really need to talk to a lawyer. if the weed wasn't yours and you weren't the one who dumped it out, then yeah, you're not the guilty party, But you may be faced with flat out giving up your friend whos it was. My dad is a criminal lawyer, I'll talk to him in the morning and PM you what he tells me. One thing I would strongly urge you to do is to definitely get a lawyer. I know so many kids who have gotten in trouble with the law, tried to hide it from their parents and just showed up to court without a lawyer and end up ing themselves in the long run in terms of employment etc... |
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| sym |
| quote: | Originally posted by zizack
well, you really need to talk to a lawyer. if the weed wasn't yours and you weren't the one who dumped it out, then yeah, you're not the guilty party, But you may be faced with flat out giving up your friend whos it was. My dad is a criminal lawyer, I'll talk to him in the morning and PM you what he tells me. One thing I would strongly urge you to do is to definitely get a lawyer. I know so many kids who have gotten in trouble with the law, tried to hide it from their parents and just showed up to court without a lawyer and end up ing themselves in the long run in terms of employment etc... |
Well it's a summons and it doesn't matter it doesn't go on your record or anything I don't think. If you just pay it it's over with. And hiring the lawyer would definitely cost more than I could afford, and probably more than just straight paying the tickets. How about the counsel they appoint to you I was thinking of taking that I have a right to one right? Or are they just gunna tell me to plead guilty? Also, could you ask your farther if you have the sign the summons at the bottom for it to be valid? They didn't make me sign, but I don't know if you have to or if your just supposed to after you get it but they don't have to witness it.
Thanks so much for your help. |
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| zizack |
| lol, possesion of marijuana doesn't go on your record? It does. This is why you need to at least talk to a lawyer. I'll get back to you though. |
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| sym |
| quote: | Originally posted by zizack
lol, possesion of marijuana doesn't go on your record? It does. This is why you need to at least talk to a lawyer. I'll get back to you though. |
Not if It's a summons, at least that's what they told us. |
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| trunks1022 |
| quote: | Originally posted by sym
Well it's a summons and it doesn't matter it doesn't go on your record or anything I don't think. If you just pay it it's over with. And hiring the lawyer would definitely cost more than I could afford, and probably more than just straight paying the tickets. How about the counsel they appoint to you I was thinking of taking that I have a right to one right? Or are they just gunna tell me to plead guilty? Also, could you ask your farther if you have the sign the summons at the bottom for it to be valid? They didn't make me sign, but I don't know if you have to or if your just supposed to after you get it but they don't have to witness it.
Thanks so much for your help. |
sounds like to pay is to acknowledge that you're guilty |
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| Vlad |
If you didnt smoke, than go get a drug test and prove that the weed was not yours nor did you participate in any illegal activity.
If you did smoke it... well... youre ed. :p :p :p |
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| sym |
| quote: | Originally posted by trunks1022
sounds like to pay is to acknowledge that you're guilty |
Yes, I agree. And I didn't smoke any of it, but that doesn't matter. They can't charge you with being high they can only charge you with posession. You could walk right up to a cop and say you just smoked a blunt and as long as you don't got any weed on you they cant say . |
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| Yan |
| quote: | Originally posted by sym
Yes, I agree. And I didn't smoke any of it, but that doesn't matter. They can't charge you with being high they can only charge you with posession. You could walk right up to a cop and say you just smoked a blunt and as long as you don't got any weed on you they cant say . |
Hmm... Seems as though it's possible to get in trouble if you're fully aware that there's weed on someone within the vicinity and that you didn't prevent the person from partaking in smoking. |
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| trunks1022 |
| NYS has repealed some of the draconian rockefeller drug laws, am i right? |
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| trunks1022 |
| we're doing too much speculating. get thee to a damn lawyer!!! i'd suggest one in my firm, but it's corporate dealings :wtf: |
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| sym |
| quote: | Originally posted by Yan
Hmm... Seems as though it's possible to get in trouble if you're fully aware that there's weed on someone within the vicinity and that you didn't prevent the person from partaking in smoking. |
I don't think that's true, what are you supposed to stop anyone from doing anything illegal? It's his car, therefore I would think the weed would be in his possesion. There wasn't even any in the backseat where I was, so how am I hold acountable for his possessions? Sure I knew, but I could contest that I didn't even, but I don't see why I have to, it wasn't in my possession so I shouldn't be held accountable.
And the littering charge is BS as well, I think they were just giving everyone tickets to meet their quote, but I don't think they really had any rights to hand any tickets to people not even near windows for littering?? |
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