Possession of Cocaine

by taminator

Question by Mark W: If charged with possession but another party is willing to claim accountability, can the charges be dropped?
The following is based under Maryland Law:
Suppose you are the 18 year old driver of a parked vehicle. In it are two other people (17 and 18). They have purchased marijuana previously, possess a glass bong, grinder, scale, and 7 grams of AK Marijuana. They store the bong under the center console and the other apparatus in a compartment in the center stack. At approximately 2 AM after breaking up a nearby party (no connection to this), police spot the car in an apartment complex, order everyone out, conduct a search of the vehicle and charge you and the minor with Possession of Paraphernalia. Once all in cuffs ready to transport to central processing unit (you) and the police station (them), the minor admits that the bong is his. The police hesitate but then decide to run with their current decision and charge you both, mentioning that this can all be straightened out in court. About 3 hours into processing, you receive notice of charges and realize that after you were arrested, the affiant officer continued to search the vehicle and found the drugs and additional paraphernalia. You and the one minor are now charged with both Possession of CDC and possession of Paraphernalia. You are “arraigned” in processing via “hearing” (lol) and to be given a court date some time in the next two months. The minor is charged and not given a court date but rather youth drug services will contact his parent. Once you get home the next day, you contact the minor and indicate that for him to claim responsibility for the drugs and paraphernalia at YOUR trial wouldn’t change the outcome of his slap on the wrist judgement. (Would it? – Can one be charged with “super or double possession”? ) He has as of now agreed to testify on his behalf in court that the said items were his and i was only driving. -(Which is in fact the truth)
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My MAIN concerns are:

Can this result in the charges being dropped or expunged for me if handled correctly?
As a minor, is his testimony valid in court?
Can i even have a trial like this?
Is an expensive lawyer recommended? – This is a minor charge and if this could be avoided without substantial risk, the said option would be largely preferred.
As the driver of the vehicle (and present adult) (the items were in arms reach), will i be held accountable no matter what for this? Will the judge insist that we both are responsible for the possession of such substances?
Is there another way to have this expunged under Montgomery County, MD law?
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I have received brief instruction that should he testify that they are his, i would lose the charge, however the sources of this argument, i believe, may lack integrity, so i am seeking anyone with some legal knowledge who has dealt with a similar situation and can give me some advice.

I have just turned 18 and keeping my record clean is of the utmost importance to me. Time is also relevant, however and i cannot afford to wait 3-7 years to expunge this.

Basically: What will this cost and how should i handle it?
Any advice is appreciated! Thanks, IssueGuy

Best answer:

Answer by Casey
Listen . This is not a game. The Police aren’t stupid. They won’t let a minor take the rap.

Go to the courthouse one early morning. Find the Public Defender’s office.He will defend you for free.
He may be able to get you some kind of a break but this will not be dismissed.

If convicted an adult can pursue expungement after 3-5 years of no crimes.

Know better? Leave your own answer in the comments!

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