Can I Be Arrested For Drugs That Aren't Mine? | Mccready Law Group
Sometimes, when police find drugs, it is obvious whom they belong to. There are some incriminating facts which may typically link a defendant and a controlled substance. Below are list of potential legal defenses that may be used in a drug possession case. This option isn't an easy way out. There is no fixed amount that can be said to be for personal use – if you are caught in possession of a particularly large amount of drugs then the police may think that it is too much for your own needs and you could be charged with an offence of possession with intent to supply drugs, which is much more serious. Drugs found in car not mine meaning. Have a public defender assigned to your case.
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It is not uncommon for people to face drug possession charges for drugs that did not belong to them but were found in their car or house. The police obtained evidence during an illegal traffic stop. Drug behind a car. Constructive possession cases arise in a search of a house or car. The fact that you've been accused of a crime means your rights and your future are at risk and you deserve and need someone to defend your rights and protect your future. Feeling confused and worried about a drug charge? I can teach you about California drug crimes, your rights, and clear steps that you can take.
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This is known as cell site analysis. It's called constructive possession. It was a very stressful event and they certainly put me at as much ease as possible. Useless traces (or debris) are not usable amounts. How Does The Prosecutor Prove The Charge: - Legal Defenses. Penalties increase depending on the type of illegal drug not including marijuana, such as heroin, cocaine, LSD, methamphetamine, and others. The Knowledge Component. When drugs are found in your house or car, it's likely you're going to get charged. Call us right away to set up your free, confidential consultation. Can I Be Arrested for Drugs That Aren’t Mine? | Darryl A. Stallworth Law Office. Incarceration – sometimes up to life in prison. The Davis Law Group leverages this experience to your benefit. Below are a list of potential programs and laws that HS 11350 may or may not be eligible for under California law.
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You knew or should have known of the illegal nature of the drugs. Incriminating Circumstances. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. There are also sometimes grounds to challenge what the prosecution claim would have been the intention for the yield; for example, whether or not it would likely have been commensurate with personal consumption. Actual Possession - Actual possession generally means the object (such as a gun) or substance (such as cocaine) is found on your physical person. Can I Be Arrested for Drugs that Aren't Mine? | McCready Law Group. Depending on where the drugs were located and other factors, it may be possible to establish—or at least suggest—that someone else put them there.
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Drug possession is a serious crime that is often punished severely in the state of Texas. If drugs are found in a home, the person who owns the house or has control of the property will likely be arrested. Other activities that might draw attention are blacked out windows, unusual levels of waste being put out as rubbish, and increased heat emanating from the property (police will ask neighbours about these factors). Supply of a Controlled Drug. Even a shadow of a doubt could be enough to challenge drug charges. They can't pinpoint your exact location, for instance to a room in a house, but they will know generally where you have travelled. The lower the schedule, the harsher the punishment. Drugs found in car not mine.com. This charge is a misdemeanor under most circumstances.
Again, our client had no idea that the drugs were in his backpack. This is because a usable amount is a quantity that is enough to be used by someone as a controlled substance. You did not know that it was a controlled substance/it was present. 8 Things You Should Know About "Drug Possession"- HS 11350. Resisting arrest would make your situation much worse. The prosecutors would also have to prove that the defendant knew or should have known the drugs were illegal.
We understand that it can be frightening to face charges for drugs that were truly NOT yours, which is why we will explore every avenue to help minimize the impacts of your case. Illegal search: The Fourth Amendment of the U. S. Constitution protects against being the victim of an illegal search or seizures. Tom Cox will explain your situation to the District Attorney's office in a way that improves the prosecutor's understanding and maximizes your chances of a favorable outcome in your case. We represent clients facing drug possession charges in St. Joseph, Savannah, Platte City, and surrounding areas in Kansas and Missouri. Entrapment is an effective legal defense if the commission or encouragement of the criminal act originated with the police or government agents, instead of with the "criminal.
The police might check any equipment for fingerprints, especially if you are saying that you are not involved in the production of a drug. It helps to have an attorney familiar with drug crimes and can scrutinize each part of your case. Class 1 misdemeanor: Possessing a cannabimimetic agent (also called a "synthetic cannabinoid") or Schedule III controlled substance is punishable by up to 12 months in jail and/or a $2, 500 fine. Please do not represent yourself. If you're facing charges for drugs that aren't yours, don't give up hope. Learn how Rossen Law Firm got a Possession of Cannabis over 20 grams and Drug Paraphernalia charge dismissed in Fort Lauderdale, Florida. Hallucinogenic Substances: Dimethoxy-Amphetamine, Marijuana, Mescaline, Peyote, Psilocybin, Gamma hydroxybutyric acid, Cocaine, Cocaine base, Fenethylline, Ethylamphetamine, et al.