Legal Question in Traffic Law in Michigan

So i was in a car last week with two friends and we got pulled over. The cop pulled us over for illegal tints on the car, he then came back and asked to search the car cause of the smell of marijuana. My friend admitted to having some on him and he was pulled out first and frisked. The cop then came to my door (driver passenger door) and he asked me to get out. He then frisked me and asked if I had any on me. I responded with I dont but my friend had some smoking accessories under my seat. He told me to go join my two friends on the curb. He found the smoking accessories but nothing else in the car. The cop then searched the trunk saying: "I can smell a bit from the trunk." The cop then found my friends marijuana, edibles, and pipe and a half gal. The cop then found an almost empty fifth of smirnoff in my bag (which was in the trunk) and I admitted that it was mine. He told us to go back into the car after the search was complete. My friend driving got a ticket for illegal tints and a misdemeanor for transport of alcohol. My friend with all the marijuana got a possession of marijuana charge and a warning for an MIP. The cop finally came to me and I recieved the same thing as my friend in the backseat. I dont know how I got a possession charge, but understand that I got lucky with only a MIP warning for the fifth. My question is, why would I get a possession charge if it wasn't mine? and If I told the judge, whenever my court date is, that it was my friends and my friend agrees to this, could this be taken off my record completely?


Asked on 9/10/13, 9:31 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

It doesn't work that way. You need an attorney first who will fight your battle with the prosecutor. Judges only take pleas or handle trials, they don't dismiss cases on a defendants request.

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Answered on 9/11/13, 5:14 am


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