Legal Question in Criminal Law in Michigan
If I am pulled over in a car with marijuana in it, but it is not my car, and it is not on my person, am I guilty for possesion? It was in the glove box in front of me. I was high at the time.
2 Answers from Attorneys
You could be charged under the theory of "constructive possession," meaning you knew where the marijuana was located and you had reasonable access to it. Keep in mind, it is one thing to be charged but it is another matter entirely to have yourgguilt proven beyond all reasonable doubt. The points you mentioned can and should be brought out by an experienced criminal defense attorney at a trial.
There are more facts that are necessary, such as the facts surrounding the stop, facts/probable cause re: the search, statements made to the police officers, etc. Typically, the glove box is viewed as the owner's possession, so another question arises....who's control was the marijuana under?
Side note: Abstain from smoking marijuana or using drugs. Depending on the court (regardless if you have a defense), you will be on bond for a period of time. While on bond, you could be subject to random drug and alcohol screenings. It is important that your level of THC is declining.
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