Quote Originally Posted by weedwjowsa
I got arrested last night but listen to this I was with my boy we were driving he had smoked earlier I had none i was smoking a cigarette and the cop pulled us over and serched the car he found 2 roaches a scale a nd some wrapping paper it is not my car i did not smoke the officer told me that he would give me a wipe that when he rubbed aginst my fingers if it turned orange i had been in contact with drugs i told him no problem go ahead (since I had not touched anything) He then put me in cuffs did not read maranda rights did not tell me what i was going in for but when i got the police statement it said i had possesion when there was nothing on me. This was in Maryland and this is a first offense I was let out with no bail or anything but I have to go to a commisoner hearing. Is there anything I should know or do or what can i excpect from this.
You are probably being charged under a theory called "constructive possession". This means that the prosecutor would have to prove that the substance was within your reach and you knew it was there even though you were not actually in possession. In MI, this is enough for a possession charge, especially where the officer wants to charge multiple people for the same possession. If you are a first offender, you will probably be offered a plea under advisement, which would allow the charge to be dismissed after a certain amount of time if you comply with some conditions.
jcrim Reviewed by jcrim on . Anyone with legal questions in Michigan Just wanted to take a minute to introduce myself. I am a criminal attorney in Michigan. I've had my own practice for the past 6 years and worked as a public defender for about 2 years before that in Detroit. I don't smoke marijuana anymore. I used to be an avid smoker but I quit just before my daughter was born. I am offering advice to anyone with legal troubles or simple questions. Understand that my area of expertise is in Michigan law so I may not be able to offer any answers for Rating: 5