You are right, I have never been there. I do agree that there are some law enforcement officials that are not as friendly as others, but I do know quite a few that are good guys and gals just doing their job.
As part of their investigation, it is not usual procedure for police to interview and take statements from people who get citations and/or minor violations. I know this is initially charged as a felony, but the police and and the prosecutors consider this a pretty minor charge. There is a legal theory called constructive possession and it is not unusual for all the parties in a car to be initially charged with possessing anything in the car. If someone steps up and says it was his, then they usually dismiss the charges against the remaining defendants.
He would always have the option of pleading not guilty and going through the trial process. The prosecutor would have to prove beyond a reasonable doubt that he possessed the mj or para. A problem with this is that it would likely take the deferred prosecution option off the table since prosecutors hate to take anything to trial. They would up the penalty offer to the max when asking a jury to convict and he might also face the possibility of one of the other guys testifying against him as part of their deal.
All in all, the deferred prosecution is the way to go.
Good luck and I hope everything works out for both of you.
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