Why did I get an MIP for a substance that wasn’t mine and I
wasn’t consuming?
I was outside saying by to my friends sister and a cop
walked into the back yard and said it smelled like weed he proceeds to walk
around with his flashlight and find a container that he claimed had marijuana
in it. I told him it wasn’t mine and I wasn’t using the substance but didn’t
say whose it was cause I didn’t know myself. The officer gave all of us an MIP
and left the scene without telling me anything that was happening.
Answer by Jay K. Nixon, Criminal Defense Atty. with offices
in Kenosha & Janesville, WI, with 41 years of experience:
Once you get to trial, the officer's opinion is just another
voice in the crowd,, and an opportunity for both you, the officer, and others
on the scene to tell their stories, and if the government can't prove the
charges to the satisfaction of the judge after hearing both sides, the charges
should be dismissed. Either way, however, you only get on chance at a trial, so
you should make the best of it by retaining experienced criminal defense
counsel as soon as possible. There are no "do overs," in criminal
law, so don't blow your one chance to defend the charge in a misguided attempt
at a pro se defense, which is very likely to end badly for you.
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