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Drugs were found in my car but they weren't mine. What are the defenses for fighting drug possession charges?
Some of the things I want to know about your case are how well you knew this person. Is this somebody that you knew was a drug user or was it somebody that you're using drugs with? Is there any evidence to suggest, either through their statements or yours, that you knew and had access or control over the drugs?
Another important thing that I want to know about your case is where the drugs were located, if they were in your immediate vicinity, whether they were concealed like in a pocket of the passenger or in your purse. So, these circumstances surrounding the alleged crime help the prosecutor as well as me evaluate whether they can prove that you had access, dominion and control over the controlled substance.
So what are the important things I want to know about your case when you're charged with possession of a controlled substance is whether there was a lawful basis for the stop. Was there a reason for the officer to pull you over in the first place? Did you commit some traffic violation or match a description of a suspect? What was the reason that the officer pulled you over?
Considering whether or not there was a lawful violation that justified the stop, the next thing I'd want to consider is whether or not you gave consent to search, that means that the officer asked you, "Can I search your vehicle?" And did you say, "Yes" or did he simply order you out of the car and you felt that you had no choice but to get out, you were not free to leave? And did the officer go ahead and search without your consent?
In cases where a driver gives consent to search the vehicle, you may not have the same ability to win a motion to suppress but the attorneys of the Johnson Criminal Law Group will look at the facts and circumstances that surround the case, including any statements and the police report as well as what you tell us to determine whether or not we could prevail at a motion.
We can HelpIf you, or someone you know, have been charged with drug possession, contact the Johnson Criminal Law Group immediately.