Calhoun, GA asked in Criminal Law for Georgia

Q: Police pulled me over and found a meth pipe with white residue in it. The cop made me smash it and discard it.

I was told I could go to jail or I could set someone up. I chose to work. So I met with detectives and they had me sign some paperwork stating I was working for them to drop whatever they were going to charge me with. I'm sure it was on dash cam and even though I signed their paperwork is there a way to fight the charges? Maybe due to the residue not being tested and the evidence was broken and discarded?.

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1 Lawyer Answer
Morris  Margulis
Morris Margulis
  • Criminal Law Lawyer
  • Duluth, GA
  • Licensed in Georgia

A: Yes, that is a great angle of attack.

If they are charging you with drug possession, they have to prove that the substance you possessed was in fact the drug named in the charges. "White residue" alone is circumstantial evidence only, not sufficient to convict. It could be used in combination with other factors, such as your behavior and statements, depending on the circumstances, so I would not say you have a slam dunk win, but it is definitely something that should give the jury a reason to scratch their heads.

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