First of all, if there is any way you can afford your own lawyer with a good number of years of criminal drug defense experience... DO IT.

2nd of all, there is a possibility even a lame court appointed lawyer could get you off. If you have admitted anything to the cops, you're screwed. But if you've practiced your right to "remain silent" like a good citizen should... then you may be good to plead not guilty.

Actual possession is if you have the stuff on you. Constructive possession (which is probably the same as community possession) refers to a situation where a person has knowledge of the item and the ability to access the item. That is the charge often used at parties where a bunch of people are in the room with weed being used.

To beat the charge you could simply claim that you didn't know the stuff was in the other room, and the State would have to prove that you did know. They may try to offer your friends lower senttences if they testify against you, though. That could be a problem if they have pleaded guilty. However, given you really were in the other room, if you haven't admitted knowing about the weed, then chances are the second you put up a fight the prosecutor will drop the charges b/c it will be difficult for him to prove his case against you.

P.S. - Situations like this are why you should never even go to a party where weed is smoked openly. The safest way to use weed is with a few close friends, in a locked room... and put it away in a drawer the second you're done smoking. It's sad, but that is the reality in this country. Especially at loud parties... constructive possession gets a LOT of people busted who never thought they could be busted (and even a lot of people who had no intention of even smoking!).

Quote Originally Posted by kg2012
Ok, so I had my first offense, but I didn't have anything! I was at a friend's place, and the police got an anonymous tip about smoking the reefer. There were five of us hanging out, and the cops busted in there after some guy knocked and we answered..claiming they smelled m-j, they charged through the door.
They found a pipe and some seeds on the table in the kitchen in another room, We were sitting in the living room. The owner of the lease wasn't there, so they made us wait two mfkng hours in the livingroom before they got a search warrant. I didn't have anything on me, was in the other room, they charged all of us with community poss. of para. and poss. of marijuana. They illegally searched a female(not me.) They didn't even charge the owner for having buttloads of pipes and bongs.

I'm going to have to get a court apointed lawyer, should I even plead not gulity, and face the risk of being fined more, or pay the fine and work it off my record?
I have the pre-trail coming up very soon...like tomorrow.