Ok. So. My two buddies and I decided to smoke a joint, consisting of both my bud and his bud (other friend didn't toss in), relatively close to a dormitory and the college gym (we attend a University). We're damn close to finishing the joint when a cop shines his flashlight on all of us and tells us to stop what we're doing. My friend, who also threw down on the joint, roaches it instantly and buries it in the ground near him. The officer searched us, patted us down, and asked who owned the weed. There was about a 7 second pause before my friend (the one found with the joint in his hand) said that it was both of ours (mine and his). Upon emptying all of our pockets, a cigar tube for a Backwoods sized cigars was found in my possession (on my person). That tube has never held weed in it until the officer put the roach in it (assuming that this was what the tube was intended for). He asked me who owned it (the tube), and I said "I did," but that was it. Note that he never told me that this is paraphernalia. He simply asked me "Who owns this?" He walks us to a couple picnic tables and begins to write all three of us our summons'. He charges my friend, who owned up, and who had the joint in his hand when the cop came, with a possession of a usable amount of marijuana drug related offense. I got charged with possession of paraphernalia. The second I saw that I was charged with something I asked "What for?" My friend owned up to the weed, the joint was all we had (thank god). So he whips out the test tube and says that this is paraphernalia and because I owned up to owning the tube, he charged me with paraphernalia when he himself was the one who made it paraphernalia in the first place, because he used it to store the joint. This is what I am going to have to do now. My court date is November 18th, 2010, and I was charged on September 30th, 2010. I want to plead innocence because I am being charged with something that I own that the cop made paraphernalia, on the spot, because he used it to store the joint in it (so he could bring it 'safely' back to the station). He even used gloves and physically put it (the joint) in the tube, that I said was mine. Back to before I signed the summons, I asked to see the paraphernalia I was being charged with owning and he whips out the tube. That tube has never been used to store joints, blunts or weed of any kind before, just a Backwoods cigar that I smoked 4 days prior to this charge and forgot that I left it in my pocket of the pants I was wearing. Do I have a case that I can appeal and fight, guys? I am currently a Sophomore at a Public University, and am working towards a Business Management degree. This is also my FIRST offense, ever, ever. Why should I do Grasscity.com? And if I can't appeal this that what penalties/obstructions will I face in my life from now on? Can I get this taken off my record if I am found guilty?