Will I be able to argue this possession of marijuana charge in court?

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ManBearPig1

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I was riding home after a party with a friend of mine who said that he was sober... it turns out he wasn't and got pulled over and he was charged with a DWI. I didn't know the kid very well, and I was riding in his car in the front passenger seat. The cops searched the car and found marijuana in the back seat that I will honestly say wasn't mine, and I didn't know it was in the car. So the cops came to the car and I complied with everything they said, they cuffed me and put me in the back of the cop car and I sat in there for about 20 minutes, and without asking me any questions at all came back, handed me a ticket for possession of marijuana, and told me to call a cab because my buddies car was being towed. I told him that I didn't have any marijuana on me, he told me he found it in the back seat, and that it was on my side of the car and made the assumption that it was mine.

I plan on going to court and at least explain this to them. I don't know if there is anything else that I can do to give me a better chance of avoiding these charges. I have never had any drug offenses before and don't have anything else on my record. I'm 21 years old. Does this sound like something that can be argued and avoid the charges?
 
"...it was on my side of the car and made the assumption that it was mine. "

I don't think this would hold up in court. It's your friend's car, so if someone is going to assume anything (and the prosecution can't; they must *prove* it, with evidence), it would be that the marijuana belongs to the owner of the car -- especially if it's out of your reach. It isn't relevant that it's possible that you could have thrown the bag into the back seat. The point is, it wasn't *on* you; you can claim you didn't know it was there, and no one can prove that isn't the case.

This is all assuming (tee hee) that "presumption of innocence" is the norm in our modern, crazy times (in your locale).

I'd still probably talk to a lawyer -- "legal aid" or a similar service in your area should provide cost-free help, hopefully.
 
Use the AZ Immigration defense. Marijuana is controlled under the Federal Controlled Substance Laws. If it not legal for the police in AZ to enforce the Federal Immigration law it should also be illegal for the police in your state to enforce the marijuana law.
 
he lacks any physical evidence that it was yours. Also I believe that for you to be charged with the possession it has to be in your possession or pretty evident it was in your possession.

Can you pass a drug test? If so I would recommend taking one. Ask for evidence that it was yours beyond that it was in the back seat of the car. I'd honestly get someone to represent you in this. I think a half way decent attorney could get it tossed out.
 
Most likely they are just taking you to court to scare you. Most people who are arrested for possession and it actually isn't theirs get off with a warning after they go to court. It's just to make sure you don't fall into the bad crowd and start doing drugs yourself. It's the guilt by association rule. Just explain what you said to us and they will probably just let you off with a warning.
 
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