Expert: Cynthia Bedell - 3/24/2010

Question
QUESTION: I am trying to receive a Navy HPSP scholarship and was recently charges with a 221.05 unlawful possession of marijuana charge. It is the only charge I have ever received, and I am worried about it causing issues with me receiving the scholarship. Should I be worried about this? And is there something I need to do to take care of this so that I do not need to worry about it?

Thank you very much

ANSWER: Dear Ben --

Yes, both your scholarship and your ability to get the necessary security clearance are at risk due to this drug charge.  

However, you do not indicate whether you were found guilty of this charge.  If charges were dismissed, you would need to be able to explain the circumstances around this event to show either it was an aberration or did not occur.

If you were found guilty, once you complete your punishment and probation, you should try to get your record expunged.  That way you will have to report an expunged record, but not that you have an existing criminal record.

Please write back, if you want to discuss your circumstances further.  Good luck to you.

---------- FOLLOW-UP ----------

QUESTION: The charge only occurred this past Wednesday, St. Patrick's Day. We had been drinking, got a ride from a friend, got pulled over for a DUI check, and the Troopers found it in the passenger seat pocket, which was right in front of where I was sitting. It was the worst possible "wrong place, wrong time" scenario.

My court date is on the 30th of March and I would like to try to do as much as I can so that this does not ruin my chances for the Navy or the scholarship at all, if it hasn't already.

ANSWER: Dear Ben --

Will any of your friends admit it was not your illegal material?  Or are they going to let you take the fall for them?  I hate to sound like your mother, but you really need to choose better friends.

Did the police officer have probably cause to search the car, or did the owner give him (her) permission to search the vehicle.  If there was no probable cause and no permission granted, then you might get the charges thrown out for inadmissible evidence.  I believe you need a lawyer for this one.

If no one is going to stand up for you, you need to get the charge dismissed or reduced to a non-drug offense.  Then you need to complete the punishment (hopefully only a fine or community service).  You want to complete that and then get your record expunged as soon as possible.

Good luck to you. I hope you are much more careful in the future.  Please write back, if you have additional questions.

---------- FOLLOW-UP ----------

QUESTION: I know that I should not have been in the car at the time and put myself in that situation, but one of the people I was with was my cousin and I was actually convincing him to go back to college, which is a good reason to be with him, but then this happened. He also claimed it was his, but for some reason the police still said it was mine. The officer saw something sticking out of the back of the seat pocket, and I guess that was his probable cause?

This morning the case was in the police blotter, and it said that we had the the stuff on ourselves, but I hadn't actually touched anything. I don't see how they can justify that. I thought they just gave me the ticket because it was in front of me, but literally I did not touch it once. Is there a flaw that we can argue in court on that? Maybe get it dismissed?

Answer
Dear Ben --

Go get an immediate urinalysis.  THC from marijuana remains in your fat cells for over 30 days.  If you take the test now, and it's clean (no THC) then you could not have used marijuana in the last 30 days, so the material is unlikely to have been yours.  Make sure the test is from a reputable lab, and that you get a certified and witnessed sample and report.  

You need to do it now.  If you wait until nearly 30 days after your charge, your urinalysis will not hold up in court.

If your cousin did not give the police verbal permission to enter the car, they do not have an implicit search warrant.  Probable cause is that the car smelled like marijuana or alcohol, and so they had reason to search the car before you got a chance to throw away evidence.  If neither was the case, you may be able to get the marijuana declared inadmissible evidence.  However, proving you don't use, is a stronger case.

Good luck to you. I understand how being there for family can put you at risk.  Taxi cabs next time.  :-)

Again, please write back if you have additional questions or new information.  I hope you can get out of this mistake and move forward successfully.