Legal Question in Appeals and Writs in Montana

I received a Minor in Possession of Tobacco ticket during a routine stop for not using my blinker, and the tobacco was my friends cigars who is 18, and he left them in my glove box. My friend was not with me at the time. How do I get out of this ticket?


Asked on 12/21/13, 11:11 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your question is about criminal law, not appeals and writs. Please repost it under that category so that attorneys with the relevant experience will see it.

In the meantime, you should understand that possession and ownership are not the same thing. That your friend owns the cigars does not change the fact that they were in your possession. If you knew they were there and knew what they were, then you are probably guilty as charged.

But my answer is based on the law of California, where I practice. A Montana criminal lawyer might have a more encouraging answer for you. If nothing else, she might at least have suggestions about negotiating a plea bargain.

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Answered on 12/22/13, 2:31 pm


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