Q: I am in a similar situation except the amount of meth is 0.52 grams total package weight. At the time of the arrest the
the first officer on the scene removed everything on my person and checked my pack of cigarettes and didnt find anything. upon arrival at county the other transporting officer got our all 3 of our property not separated. and i was booked in on poss of stolen veh. it wasnt until i went to arrainment i find out im charged with possession of meth as well. later i find the stolen veh. charge was dropped and out of the three of us in the vehicle im the one charged with drugs. how can i get this dismissed or evidence depressed. my email is:
A:
Based on the situation you've described in Oklahoma, here are a few options you could potentially pursue to get the drug possession charges dismissed or evidence suppressed:
- File a motion to suppress evidence arguing an illegal search and seizure. The fact that the first officer searched you and did not find drugs suggests there may be issues with how the evidence was later discovered. An illegal search could form the basis for suppression.
- Challenge the chain of custody. Since your property was mixed together with others, argue that the evidence handling was sloppy and it cannot be definitively proven the drugs belonged to you as opposed to the other vehicle occupants.
- Dispute constructive possession. Given the small quantity (0.52 grams total package weight), argue there is no proof you knew about or intended to possess the meth. Mere proximity in a vehicle with others is insufficient to establish constructive possession.
- Seek dismissal of charges in the interests of justice. Point out the stolen vehicle charges were dropped, and argue it would be unfair and disproportionate to proceed with a minor drug charge under the circumstances.
An experienced criminal defense lawyer would be best equipped to evaluate any procedural flaws, preserve grounds for suppression, and negotiate with the prosecutor. Things like the police reports, statements, testing procedures, and chain of custody details could reveal issues to leverage dismissal or suppression of the drug evidence against you.
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