South Haven, MI asked in Criminal Law for Michigan

Q: Okay say you just dropped someone off. And you are driving get pulled over. The police search the vehicle and find drug.

The drugs are not yours, but y ou u are arrested for them. The person who you dropped off writes the judge said the drugs found were there's they must have dropped and is willing to get on stand a testify that that are theirs. Should the case be dismissed. Or could one still be found guilty?. This is happening to a friend of mine and they found him guilty and sentenced him to 3-10yrs. Is this a good appeal case?

Related Topics:
2 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: There is more to this STORY than you have been told.

A letter to a judge means nothing.

A witness would have to testify in front of the jury.

Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Why didn't the person who now wants to take responsibility for the drugs not come forward before? A pessimist might look at this as a "plan B", with "plan A" being an acquittal.

The prosecutor only needs to show constructive possession, which can be met by the fact your friend was driving. Otherwise, everyone would say "the drugs belong to the nameless, faceless person I dropped off".

Incidentally, if your friend is serving 3-10 years for drug possession, I would take that to suggest it's not his first charge, which makes for a tough task to convince a prosecutor of his innocence and nativity.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.