Sioux Falls, SD asked in Criminal Law for Nebraska

Q: I was given a citation for being in the presence of weed and para without it being mine. Plead not guilty?

I was at a party that was busted and the cops found paraphernalia and weed (about .3 grams) that were not claimed and not mine. Should I plead not guilty with this only being an infraction?

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1 Lawyer Answer
Timothy Sopinski
Timothy Sopinski
  • Criminal Law Lawyer
  • Fremont, NE
  • Licensed in Nebraska

A: If you're not sure what to do, a not guilty plea is always your best choice at your first appearance. After your not guilty plea, the case would be set for a trial or further hearing depending on what county you are in. At that point you can either have a trial or try to negotiate a deal with the County Attorney. At trial, the State will have the burden of proving that you were in possession of the weed and the paraphernalia. Keep in mind that possession doesn't necessarily mean that it was on your person.

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