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Can two people in a car be charged with drug possession?

My son and his good friend were driving home from a visit to his older brother's campus. He will be going to college in the fall and has been trying to decide on schools. My son was driving the car and got pulled over. His friend had marijuana on him, and the police officer smelled it. They both got into trouble. When my son got home, my husband and I had him drug tested, and he passed. I trust him when he tells me that it was his friends marijuana and not his. What should we do?

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    Steven Dodge | Steven Dodge
    7960 W. Grand River Ave.
    Brighton, MI 48114
    (810) 220-3916
    Possession is not just having the marijuana in your hand or pocket. It is also if you have control over it. So, it is possible for two people to be charged. If your son had no knowledge of the presence of the marijuana, he very well might have a good defense. Will his friend testify that your son had no knowledge it? Did your son make any statements to the police during the course of the stop?
    Answer Applies to: Michigan - Replied: 3/25/2013
    Michael Breczinski | Michael Breczinski
    5005 Lapeer Rd
    Burton, MI 48509
    (810) 743-2960
    Get an attorney and fight the matter. Two people in a car can possess the drug but ignorance of it being there is a defense. You can't unknowingly possess it. Also that is not his friend. Friends would not put their buddies in peril.
    Answer Applies to: Michigan - Replied: 3/24/2013
    Lawrence Lewis, PC | Lawrence Lewis
    242 Culver Street, Suite103
    Lawrenceville, GA 30045
    (678) 407-9300
    Retain an attorney, because both can be charged.
    Answer Applies to: Georgia - Replied: 3/23/2013
    William L. Welch, III | William L. Welch, III Attorney
    111 South Calvert Street
    Baltimore, MD 21045
    (410) 385-5630
    Yes, possession might be individual, constructive, or joint. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland - Replied: 3/23/2013
    Darrell B. Reynolds | Darrell B. Reynolds, P.C.
    2385 Lawrenceville Highway, Suite D
    Decatur, GA 30033
    (404) 636-6616
    Your son need an attorney.
    Answer Applies to: Georgia - Replied: 3/23/2013
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