Legal Question in Criminal Law in South Carolina

A Simple Possesion Charge
My Girlfriend and friend were pulled over for speeding. The Officer found an empty plastic bag and a pack of rolling papers on the driver. The driver was over 18 and was legally allowed to posses the papers. the officer searched the vehicle found no trace of marijuana but still wrote every occupant in the vehicle for simple possesion of marijuana. What can be done to get the charge dismissed?

Asked on 6/03/09, 7:50 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

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Re: A Simple Possesion Charge

As an attorney, I would have a number of options. The easiest thing for me to do would be to simply contact the solicitor and tell him/her that there is no maijuana in evidence. Aside from that, I would file a motion to dismiss for the non-existence of evidence. If there is really no marijuana whatsoever, I would predict that the solicitor would dismiss prior to the motion hearing. If not, then I would certainly expect the judge to at the hearing. Are you abolutely sure that there wasn't some residue in the bag? You can respond to

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Robert Johnston

Answered on 6/03/09, 7:57 pm

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