Spokane, WA asked in Criminal Law for Washington

Q: i am being charged with a drug posession charge that was not even on myself,, is it worth fighting in court

it was found on the floor ,, this was in idaho

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1 Lawyer Answer
Carl Munson JR
Carl Munson JR
  • Criminal Law Lawyer
  • Bellingham, WA
  • Licensed in Washington

A: You will definitely want an experienced criminal defense attorney in Idaho to help you on your case. At least in Washington, you can possess something in two ways: actually or constructively. What that means is you either actually possess it (having it on your person) or you constructively possess it (you control the item or the area where it is found). Defenses to possession can be unwitting possession (you possessed it, but did not know you were possessing it) or it was a fleeting or momentary handling of the item. It was just passing through your possession briefly.

Good luck!

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