Legal Question in Criminal Law in Michigan

Drug test as proof

This is a follow up to my question directly below this one. My freind may have panicked and said that ''we'' smoked. He said this without being held in any kind of custody so it would be admisable in court. This leads to the question of what wins out in court, my friends statement or my clean drug screen? Would his statement that I smoked with him mean that I had to have control of the paraphernalia and open myself up to that charge?

Im trying to make sure I cannot be charged with anything. Neither of us were in posession. I will have a clean drug test to prove that I havn't used marijuana and therfor the control of paraphernalia.

I'm sorry if I'm repetitive. Your thoughts on the possibility of a paraphernalia charge?


Asked on 3/13/07, 1:21 am

1 Answer from Attorneys
Jay Courtright Jay Courtright, Attorney at Law

Re: Drug test as proof

First, what your friend may have said about smoking is admissible in court as a declaration against penal or proprietary interest. Second, your clean drug test may not matter if you have violated the terms and conditions of a probation order. Without knowing the particulars of your probation order, the typical order says that you can't be around people who are violating drug laws, whether you are abstaining from illegal behavior or not.

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Answered on 3/13/07, 9:53 am


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