I borrowed my friend’s car and got stopped by the police who asked if they could search. I said yes because I don't do anything illegal. They found some methamphetamine in the glove compartment, but it wasn’t mine. The cops said to "tell it to the judge." I guess I was "in possession" but I don’t feel like I committed any crime. Should I take the prosecutor’s offer for probation and no jail?
Absolutely not. If you can convince a judge or jury of what you just told me, you are innocent and should not be saddled with a felony conviction. Your chances of beating the charge are good, especially if your friend has a history of drug use known to the police. Bear in mind that the fact that you consented to the search supports your testimony that you didn’t know of anything illegal in the car. However, be aware that this defense may involve implying strongly that the drugs belonged to your friend. If you are acquitted or the charges dismissed, ask your lawyer about what relief is available in your state for obtaining a court order adjudging that you were actually innocent of the charge and/or expunging the arrest record.
The other advice I can give you is to choose your “friends” more carefully. What kind of friend lets you drive a car with illegal drugs in it without telling you?
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