Asked in Criminal Law for Oklahoma

Q: What do I do if I was charged with an illegal substance that I didn't have on my possession?

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1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

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!

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