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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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My friend and I got charged with the same charge for marijuana

Customer Question

My friend and I got charged with the same charge for marijuana I was in the car it was in her possession she said she would write a affidavit saying that it was her so they can take the charge off of me. What would happen after that?
Submitted: 12 months ago.
Category: Legal
Expert:  LegalKnowledge replied 12 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. If you friend were to do that, you can present the affidavit for the prosecutor to review. Moreover, they will likely see and they can be advised, that your friend is also charged with the same crime. If so, it is likely that she will take a plea deal and not go to trial, since she is admitting to the marijuana being hers. If the State will not drop the charge against you, after she takes full responsibility for it and says you did not know and it was in her car, then you could proceed to trial and have her testify on your behalf. If that is done, the State would have a hard time proving the charges against you beyond a reasonable doubt and they would not likely be able to meet their burden, which should result in a finding of not guilty, unless they catch you and her in a lie.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15937
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 17 other Legal Specialists are ready to help you
Expert:  LegalKnowledge replied 12 months ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 11 months ago.
It was my car and it got seized for that reason. She went to 72 Hour Court today and told the prosecutor that it was all hers. I will be getting with an attorney tomorrow morning
Expert:  LegalKnowledge replied 11 months ago.
What did the prosecutor say or do? When do you need to appear?
Customer: replied 11 months ago.

Talk to my attorney today & she said she talk to the dept that's has my car. She told them I didn't get a a paper stating where my car is or a paper stating that they were seizing the car. she said that the lady said she did not understand either not to mention they never reported it to the sheriffs office. She said that the lady said they were holding it for evidence. my attorney office is closed so that's why I'm getting in touch with someone on here. can you tell me what's going on and explain to me what do I need to do? Thanks

Expert:  LegalKnowledge replied 11 months ago.
If the car is being held as evidence, you would need to have your attorney ask the Judge to sign an order, releasing it. This motion would be based upon the fact that your friend has admitted to everything and you are an innocent party.
Customer: replied 11 months ago.
They have no record of my car so how am I suppose to do that
Expert:  LegalKnowledge replied 11 months ago.
If the vehicle was seized, there has to be a record of it. It is being held some place and the police should be able to tell you where or it needs to be released. Your attorney should contact the arresting agency and speak with a supervisor about the incident to determine where the car is, why it is being held and why there is no record of this.

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