Q: What do I do if I was charged with an illegal substance that I didn't have on my possession?
A: Criminal “Possession” of something is not always as straightforward as one might think. When you are looking at Possession of a controlled dangerous substance (CDS), or drug possession, it is not always the obvious situation where you are caught with the drug in your hand or pocket. It might be a situation, for instance, where someone is pulled over while driving for a traffic violation and a vehicle or body search occurs based upon an officers reasonable suspicion of criminal activity (based on articulable facts present to the officer at the time of the traffic stop). In that instance there might be multiple occupants of the vehicle. The “Possession” of the drugs might become a bit confusing or muddled based upon such factors as ownership of the car, positioning of the occupants in the car and the specific location where the CDS was discovered. It DOESN’T always have to be in an individuals pocket, purse, or hand. Also, there is the legal concept of “constructive possession,” which is a situation where multiple people can be considered in Possession of a CDS at the same time. Unfortunately you have not given us sufficient information to give you a more learned or precise answer to assist you. You need to immediately consult and retain a criminal defense attorney to fight to protect your rights. Best of luck!
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.
