You need to find a lawyer familiar with the laws in your state. Typically, in most states, everyone in the room could be charged because they all could see the weed and did not take action to distance themselves from it. And the charges would usually stick. I think it is called "constructive possession" if I remember from my crim law course correctly. I'm heading into patent law, so I don't focus on criminal issues often.

Often cops won't charge everyone, but either just the owner of the house or (in your case) the person closest to it.

The only thing I can see you being able to say is that the cops didn't have permission to enter. If that is the case, they can't charge you with anything because it was an unreasonable search and seizure. Did anyone tell them they could come in? If they saw the weed on the floor through the open door, they can come in regardless... but otherwise, unless they said they smelled marijuana or something, they had no right to enter the apartment.

Again, you need to find a good criminal defense lawyer with a good number of years of experience in the laws of your state. It is worth the money... trust me, he can get you off completely or at least get it to where you don't have a criminal record. These things can stick with you for the rest of your life, fucking you all along the way.

Quote Originally Posted by Twista89
Ok Sunday night I got arrested for having 5 grams of weed. I stayed the night in jail and got out the next morning but I have some questions. First the officers arrested me on bull because the weed was not found on my possession. It was found on the floor and because they said it was closest to me its considered mine and that was the reason they arrested me. Now Im trying to learn my laws for when I go to court because this is getting thrown out. Can they arrest me if weed is not found on my body or in my hands??? It was 7 of us in a room in my friends brand new apartment and they all know were the weed was so I have witnesses. Also the reason why the cops came in the apartment was because my friend just got it and someone called the cops saying we were trespassing because no one was in the apartment before. They came in and found the weed no warrant no probable cause because we werent smoking, we didnt smell like weed or didnt look high and the apartment reeked of fresh paint so you couldnt smell weed either. The only way I can see them winning is because my friends mom was the one on the lease and she wasnt home but that shouldnt matter right? This is my first time getting arrested so I was wondering what are my options. If I get this case thrown out does that mean the Misdemeanor is gone and the 1 arrest on my record?? Will I be clean of all points and will they get rid of my newly aquired number for getting arrested?