A suspect was located near his home when an officer pulled him over for a traffic stop. Another officer came to the scene to assist the first officer. As the suspect went into his house to retrieve his identification, the second officer followed him to the door. The suspect asked the officer to wait outside until he let his dog into the backyard, but gave him consent to enter after. The second officer then apparently saw the suspect pick up a water bong and hide it in the house while he was standing outside of the home looking through the front window. After the officer was in the home, he grabbed the bong. The suspect said that it was not his and that he did not have any drugs inside the house.
The police officer then arrested the suspect for possession of marijuana. The officer asked for consent to search the home for more drugs after the suspect was arrested and put in the police car. The suspect gave consent and notified the officer that there were “roaches” in his bedroom. The officer then found some “roaches” in the suspect’s bedroom. The suspect was taken to the police station for fingerprints.
Possession of Marijuana Penalty
The charge for a possession of marijuana is one year in jail and/or a $2000 fine. In addition to these penalties, a person could also be facing other consequences such as probation, court drug class, additional fines and court costs, and no use of alcohol and drugs.
Additional penalties include losing your license and financial aid.
Possession of Marijuana Elements
When a suspect is facing a charge, it is always the burden of the prosecutor to prove the offense. In order for the Washtenaw County Prosecutor to prove the offense of possession of marijuana they would have to show that the suspect: 1. knowingly 2. or intentionally 3. possessed the controlled substance, marijuana.
Defenses for the charge of possession of marijuana:
- There was an illegal stop or search of you in your vehicle or you on the street
- There was no proper search warrant to search your home or business
- A person did not have possession of the controlled substance, either through
- a. Actual Possession (on your person), or through
- b. Constructive Possession (your home, vehicle, or business)
- A person had a legal prescription to have possession of the substance
In this case, the suspect gave legal consent to search his person and his home. He also did not have a valid medical marijuana card allowing him to have actual or constructive possession of the marijuana substance. The suspect was found guilty of this charge and was sentenced to 6 months probation, additional court costs, and drug classes. They were not our client . . .
For more information on the criminal offense of Possession of Marijuana click here.
If you have been charged with a misdemeanor of possession of marijuana contact Aaron J. Boria for a free consolation today (734) 453-7806