How best to handle a possession of marijuana charge?

UPDATED: Oct 24, 2011

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How best to handle a possession of marijuana charge?

Saturday night I was pulled over with 2 of my buddies. Our vehicle smelled of marijuana. The officers got us out of the car and searched all of us and the vehicle. They did not find anything but a few flakes on the ground I guess. My friend, who is 17, was driving. My other friend was in the passenger seat, who is 16, and I was in the backseat. I am just recently 18 years old. The officer arrested me without reading me my rights at all or even telling me what I was being arrested for even though I asked numerous times. I was brought to the jail and booked for what Ifound out was possession of marijuana, which is ridiculous because I had nothing on me whatsoever other than a cell phone, keys, and my wallet. And neither did any of my friends. I know that none of this was legal. I am just asking as a lawyer, what is your best advice on how to approach this? I’m thinking to plead not guilty on my court date and then getting a good criminal law attorney for the next court date. I’m in Starke County, IN.

Asked on October 24, 2011 under Criminal Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were arrested for possession of marijuana and you had no controlled substance upon your possession, I would first retain a criminal defense attorney at this point rather than appear in court at your arraignment for a plea.

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