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Wednesday, 3 July 2024

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Why Hire a Drug Charges Defense Lawyer. Many things will be taken into account when the case is being reviewed. If you or someone you know has been falsely accused of any type of drug crime, options are available. In this scenario, both Johnny and Suzy deny knowing anything about the drugs, and the prosecution's argument for constructive possession would be weakened.

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Technically, yes, under the doctrine of constructive possession. If you or a loved one is facing drug charges, call today. Your case could be dismissed depending on the evidence against you and the details of your arrest. That the defendant knew or should have known that the drugs were illegal. This charge is a misdemeanor under most circumstances. Can I Be Arrested for Drugs That Aren’t Mine? | Law Offices of Thomas R. Cox III. Two or more people may possess something at the same time. Sometimes the police will ask for your permission to search your home or car. Offering the police any information other than your identity may be used against you in court, so you certainly want a lawyer to answer the questions for you, as a skilled attorney would know your rights and can help prove the drugs were not yours.

This gives you the chance to meet a member of our team and ask a few questions about your case. Cannabis plants will obviously be evidence that is used to show that someone has been growing it. Second, that you knew of the substance's nature or character as a controlled substance. We have a background serving as prosecutors, giving us a deep insight into both sides of the criminal justice system, and we use this knowledge to help our clients retain their freedom and protect their interests. In Colorado, you may be accused of actual possession, constructive possession, or joint possession. Possession of a Controlled Substance: Don't confuse this charge with Use of a Controlled Substance. Can I Be Arrested for Drugs That Aren’t Mine? | Darryl A. Stallworth Law Office. Please do not represent yourself. It's an emergency—you or the police were in imminent dangerAt or the police had reason to believe a crime was being committed. A common defense in any Massachusetts drug crime is that the Commonwealth cannot prove that the individual possessed illegal narcotics. Using his extensive experience, he will fight vigorously to defend your rights, find and exploit weaknesses in the prosecutor's case, and dispute the allegations against you with overwhelming evidence. Constructive Possession Technique. There are some incriminating facts which may typically link a defendant and a controlled substance. The most lenient offense is possession of a Schedule V drug, punishable by up to one year in jail and fines up to $2, 000.

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Now I'll be able to go on with my life, having learned a lesson I'll never forget. For example, if the drugs are found inside of your house and you are the only one with keys to your home then you will become the number one suspect in their case. Drugs found in car not mine act. You have a few options when a prosecutor charges you with a drug crime: - Plead guilty and lose the chance to defend yourself with a possible acquittal. Michigan judges can choose to defer entering a guilty judgment. You may still go to jail, pay heavy fines, and suffer a criminal record upon conviction. You always have the right to say no to a police search of your car). Hallucinogenic Substances: Dimethoxy-Amphetamine, Marijuana, Mescaline, Peyote, Psilocybin, Gamma hydroxybutyric acid, Cocaine, Cocaine base, Fenethylline, Ethylamphetamine, et al.

Next Steps If You Need Help. This can occur when drugs are present during a police executed search warrant, this occurs sometimes in colleges and to people who happen to be visiting someone who is a target of a drug investigation. If you are charged with intent to distribute and were merely present, in the wrong place at the wrong time and have no connection to the residence, you likely have a strong defense of lack of possession. Cannabis can be grown quite simply or using equipment known as hydroponics. However, in order to prove "actual knowledge, " the prosecutor must establish: That the defendant knew or was aware that the controlled substances were present based on the available evidence. Common defenses include: Being a house guest. The undercover officer will usually have a hidden camera or microphone on them and the deal will be recorded. The police might check any equipment for fingerprints, especially if you are saying that you are not involved in the production of a drug. Drugs found in car not mine de rien. After retrieving the key from Johnny's personal key ring, police unlock the box and find cocaine packaged in tiny baggies as well as a notepad that lists meeting locations for buyers. We provide FREE strategy sessions so you know the maximum effort we plan to put in to win your case.

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So how does the prosecution prove that you knew about the drugs? § 1227(a)(2)(B)(ii). When drugs are found on a defendant's personal items. Our Detroit drug defense lawyers are former prosecutors. Charged for Possessing Drugs That Aren’t Yours? - Gerashsteiner.net. Interestingly enough, if the drugs were located in the presence of others, the a group of people can be jointly accused. You may have been charged with "constructive possession", but in many states, the prosecutor has to prove that: - You knew, or should have known, that there were drugs in your home, vehicle, or property in which you have domain and control. Discovery and a careful review of the evidence the state will use in their case against you could play a crucial role in your defense strategy when facing charges because of someone else's drugs. Challenging Drug Possession Charges. The defendant had "control" over the drugs. Drug crime suspects often tell police officers, "Officer, those are not my drugs!

The Knowledge Component. But what if this isn't true? We present the pros and cons of a plea bargain, but ultimately, it's your choice. Constructive possession in a Car Stop: Constructive possession arguments can also arise in the case of a car stop, where multiple individuals are found in a car containing illegal drugs. Drugs found in car not mine video. If you were arrested or charged with a crime for drugs that were not yours, you should discuss your case with a knowledgeable attorney at Johnson Law Firm to identify the best defense strategy in your specific case. Constructive possession, means that you do not have drugs physically on your person but have the ability to exercise custody or control over the narcotics. He happened to get pulled over on his way home.