Legal Question in Criminal Law in Maryland

I am the owner and driver of the vehicle; two friends who were riding in the car with me and I was charge with poss of marijuana and parahanellia. I don't do drugs. The friend in the passenger seat concealed the marijuana under his seat. The Asst DA requested a postponement because the marijuana hadn't been tested or I could plead guilty to get the matter resolved or request a trial. I chose to plea not guilty and request a trial. Although they didn't confess it at the time of arrest my passengers pleaded guilty in court. They each received probation and fines. I pleaded not guilty because I didn't know they had the drug on them and I don't do drugs. My question is should I have pleaded guilty and take the probation and fine? The trial is now set for 04/2010, what is going to happen at the trial? Should I take a drug hair follicle test now for evidence? Since the passengers plead guilty, could I not say that and therefore be exonerated?


Asked on 12/29/09, 3:13 pm

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

It doesn't necessarily matter that your passengers plead guilty already, it is certainly possible for everyone in the car to be in what's called "constructive possession" of the drugs. Neither would a drug test necessarily help. But, if nothing was found besides under the passenger seats, that is a start to an argument that the State can't prove beyond a reasonable doubt that the drugs were yours.

There may also be a number of other issues with the case, such as why the car was searched to begin with, why you were stopped, etc. You should definitely sit down with a lawyer and review your police report and more details. But you NEVER plead guilty without knowing what you are doing. In PG County, even if you are guilty, it is rarely a good idea to plead guilty in District Court, when an experienced lawyer can give you other more attractive options.

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Answered on 1/03/10, 3:43 pm
William Welch William L. Welch, III Attorney

Although you have the right to remain silent, you also have the right to testfy. You should not plead guilty to something that you did not do. Your codefendants pleas may be evidence at your trial, and you may summon them as witnesses. I offer a free initial consultation.

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Answered on 1/03/10, 6:49 pm


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