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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Hello there, So the other day, I was driving home from

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Hello there,

So the other day, I was driving home from the store with two other friends. It was about 1:00 am. Apparently, there were a lot of car break-ins during that time and there were police cars everywhere. A little uncomfortable with two police cars blocking my route home, I came to a staggered-stop at a stop sign and chose a different route. I knew the police was going to notice this and surely pull me over, which they did. As we're waiting, the police officer walks up to my window and asks us all for our licenses, then asked if any of us was smoking marijuana because the car apparently smelled like it (unlikely because there was no weed smoking done in the car). After I assured him there wasn't any weed in the car, he then asked me to step out so he could search it. I respectfully XXXXX XXXXX I do not consent to a search due to the fact it was late and I just wanted to go home. He then got angered and ordered me, as well as my friends, out of the car and began searching it, trunk and glove compartment included. He appeared to have not found anything. So, as we're waiting, he asks me to step out of the car again to sign some papers. One was for the stop sign of course, but then he issued me a criminal citation for possession of marijuana! He didn't say he found it until after this, and failed to ask who's it was or anything. I didn't want to argue with the officer, but did not admit to anything. I don't know when my court date will be, but something seems fishy about all of this! I'm seriously worried. Please help. I live in Maryland.
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Customer: replied 3 years ago.

Is there a chance I can have this thrown out? I can't have this on my record. Anything that can help me on this?

Do you agree that he found marijuana in the car? If so, do you know where?
Customer: replied 3 years ago.

No I do not. But, then again my friends could of had it or, god forbid, it was planted. Officer told me it was somewhere on the driver side...

This is obviously a crucial issue. If the officer can provide credible testimony that he found marijuana in the car, then that would certainly support his position that he smelled marijuana. If he could smell marijuana, then he had the legal ability to search your car.


The location of the alleged marijuana is important as well. As there were two other people in the car, there is an argument that the marijuana belonged to one of them. If the marijuana was found in close proximity to the driver's seat, then this would create an implication that it belonged to you. Conversely, if the marijuana was found anywhere near where the other two occupants were sitting, then this would create an implication that it belonged to one of them.


In sum, yes, you have a couple issues that could prove helpful in having the charge reduced or dismissed.

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