Legal Question in Criminal Law in Maryland
I was driving a car and a friend of mine had drugs in a bag in the car that i was unaware of. We got pulled over and searched and arrested i have the option of pleading guilty in teen court or have a hearing. If i have a hearing and get a legal document from my friend saying that the drugs were his will the charges get dropped?
3 Answers from Attorneys
Normally, drugs in exclusive possession of a passenger in your car will not be attributed to you, absent further evidence. You need to talk to a criminal lawyer before you accept any plea. If you can't afford one, get a public defender.
Whether to prosecte is up to the state's attorney. A document from your friend is hearsay. Whether the responsible person will testify for you is the question. Ultimately, depending on the evidence the court or a jury may find that the drugs belonged to either one or both of you. A lawyer can help you assess and present your case. I offer a free initial consultation.
More than one person can possess the same drugs at the same time, so your friend's admission (which might not be admissible in the form you suggest) would not clear you. Note that possession is not the same thing as ownership; even if the drugs really were his, you could easily have possessed them.
If you really didn't know the drugs were there then you're not guilty. The problem is that the authorities believe you did know about them.
You should get a lawyer if at all possible. If you can't afford to pay for one, get a public defender. Do not plead guilty without competent legal advice, and do not attempt to represent yourself.
Good luck.
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