PLEASE HELP!! What are my odds of a possible dismissal?

A week ago I decided to stop or dramatically cut back on smoking. I cleaned up (smoked) my last bit and through all my accessories away. I cleaned out my car and everything. I went to visit a friend and jail a week later with another one of my friends in the passenger seat and they were doing drug searches on every car before you could come in.

As I had cleaned out everything and decided to go clean, I consented to the search. I signed a paper agreeing to the consent. Had I had known there was anything left, I would of checked the checkbox that said "I do not consent." Dogs didn't find anything from the outside search.

Turns out the officers found alittle bit of crumbs in a book bag. The weed wasn't in a baggie or anything. Just pieces of it at the bottom of my book bag. I didn't get arrested or fingerprinted. I have a summons to appear in court on possession of marijuana. I have a lawyer on it, but I have a question for you fellow GrassCity people.

What are the odds that the case gets dismissed when I plead not guilty ? I didn't know it was in there and I did some research and in order to be convicted, you have to have two conditions met. One being "Mens Ra." In Latin that means guilty mind.

This means that if you did commit a crime without intending to (for instance, by mistake) then you do not have a guilty mind, and in most cases you cannot be convicted. The dogs never found it. It was little crumbs I assume as they never showed me what they found. I know I had cleaned out everything I had. I didn't think to wash the book bag though. The bag had a marijuana smell to it I guess.

If it helps, a toothbrush in a travel case, some deotorant and a hairbrush was also in the same book bag. He asked if the bag was mine, but never asked if the toothbrush deotorant and hairbrush was mine. For all he knows, someone borrowed by bag and that isn't my toothbrush and etc. I feel like I do not have a guilty mind. I could of easily left as the dogs did not find anything on the outside. The book bag was in the back seat.. Not hidden or anything.

What are my chances GrassCity ? Im in Virginia by the way. Strict ass state.

 

I should also state that I am a masters student with a 3.7 GPA and have not been convicted of a anything. Not even a speeding ticket.

I would love to get this expunged from my record as well. How likely is this ? Do I have a shot ?

 

Im sure she would but she hasn't got the contract sent to me yet and she just got a copy of the summons. She hasn't really had a chance to analyze it and the suspense is killing me. Looking for some peace of mind.

 

Im not sure like when. I quoted that part from Criminal Law - What is mens rea?

"The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty unless the mind be also guilty"

Mens rea - Wikipedia, the free encyclopedia

 

Thanks man. The lawyer is a friend of a friend so she is doing it for a decent price. I know she knows the answers. I hear she is pretty good. She got her son and daughter off with a dismissal. Just looking to get other peoples opinion as friends and family will have biased opinions. I will let the lawyer handle it... just wanna know what you guys think. Maybe someone even went through or knows someone who went through something similar.

 

Unfortunately, Virginia isn't decriminalized... but it is my first offense.