Legal Question in Criminal Law in Virginia

I was stopped for speeding and a small amt of marijuana was voluntarily given to the officer. It was in my car, but it was not mine. It had been left there by some guy over the weekend. I have had no priors for drugs of any kind. He claimed he could smell it! However, I was not arrested, but simply given a speeding ticket (I have since voluntarily completed an online driving class) and also a charge of possession. I feel I was tricked into giving him the item because he said he had cause to search the car and it would be worse for me if he found something. I was just planning on disposing of the stuff when I got back to school since the guy was not one of my friends, but a friend of someone I had been to a concert with over the weekend. I would really like to not be charged with having a suspended license for 6 mos. and having to be on probation for being cooperative with the police.


Asked on 9/28/09, 12:36 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, it was a mistake for you to voluntarily admit to possessing and to turn over the contraband in you car to this officer under the circumstances described, and if he had sought your consent to search the vehicle, you should've refused, and, no, it would not have been "worse" for you if you had declined to cooperate in the search of the vehicle.

Now, however, that you've been charged with the possession of the marijuana, it will be difficult for you to contest it based on your claim that it really belonged to some other person who was not even in the vehicle.

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Answered on 10/03/09, 8:46 am


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