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However, a good attorney may be able to help prove that you were not the only person who could access the vehicle and the drugs found by the police officer did not belong to you. The Police and CPS will look at all sorts of evidence to decide if someone has committed an offence, and what offence that might be. Drugs found in car not mine california. Drug court: First-time drug offenders may be able to attend a treatment program or a drug court program that meets other conditions other than face the harsh penalties associated with drug offenses. Penalties for Drug Possession in VA.
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In these cases, it is not uncommon for officers to make mistakes or incorrectly place blame on the innocent. The drugs were found in the defendant's bedroom while the police were conducting a search of the home. 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. There are limits to what the police can do. However, the amount on its own is not normally enough evidence and the police will always look at what else is found with the drugs, or at your home. It states: "Except as otherwise provided in this division, every person who possesses… any controlled substance classified in …which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment. This scenario is an example of joint possession. You knew or should have known of the illegal nature of the drugs. Following, the officer confiscates the water bottle and arrests Courtney for possession of a Controlled substance. At some point in our lives, most of us will find ourselves in a precarious scenario that under most normal conditions, we would have otherwise avoided. Controlled substances are classified into different drug schedules. Drugs found in car not mine bleue. This is known as cell site analysis.
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I proudly serve those in Oakland, California, and neighboring localities of Alameda County, Northern California, San Francisco, and the Bay Area. Other people get in and out of the vehicle all the time, and you don't always know what they bring with them. See People v. Mower (2002) 28 Cal. This is your next step.
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Constructive possession cases arise in a search of a house or car. This can be confusing because often a police officer will charge an individual with a possessory crime, such as Possession with the intent to distribute marijuana, when the person did not actually possess any illegal drugs. The police might also check anything that the drugs are wrapped in for fingerprints – especially if you are saying that the drugs don't belong to you. Detroit Drug Lawyer | Davis Law Group. In addition to establishing "control" of an illegal substance, there can be incriminating facts or circumstances that can link a defendant to a drug crime. It may help you to understand the difference between actual and constructive possession because prosecutors typically pursue constructive possession charges when a defendant claims the drugs were not theirs. You did not possess the controlled substance. Can I be charged with possession with intent if I had no drugs on me?
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Therefore, knowledge is a critical part of this charge. Below are a list of potential programs and laws that HS 11350 may or may not be eligible for under California law. The act of law enforcement officers or government agents inducing or encouraging a person to commit a crime when the potential criminal expresses a desire not to go ahead. Drugs found in car not mine song. Our skilled Freehold criminal lawyers at Ellis Law, P. are here to help.
Under the "constructive possession" doctrine, you can be held responsible for drugs even if you did not actually have physical control of the drugs. Turn to Reliable Representation. You risk harsher charges if you're found with counterfeit prescription drugs, a medical provider's prescription pad, or a fraudulent prescription pad. The amount of drugs is less important if you are caught actually supplying them. The evidence was in plain view. 8 Things You Should Know About "Drug Possession"- HS 11350. The police illegally seized your property. Using his extensive legal understanding, Tom Cox can help you navigate the Texas criminal justice system and represent you in every phase of the legal proceedings. One of the biggest mistakes defendants make when facing a drug-related charge is to settle for a court-appointed lawyer or hope that they can personally convince the judge to believe them and, in turn, reduce or eliminate their charges. It is imperative that you exercise that right and get a criminal lawyer immediately. Constructive possession is far more complicated than actual possession. Feeling confused and worried about a drug charge? Example Of Usable Amount.
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