Q: I was cited for allegedly possessing cocaine. However I didn't have any cocaine. Can it be thrown out?
It was the officers second day on the job. I believe he wrote the wrong code. Only problem with this is that to show I wasn't in possession of cocaine, I can only think of telling them what was in my possession allegedly. How do I have the technicality thrown out without incriminating myelf in something potentially worse?
A:
more info is needed.
the best advice is to consult with a local criminal lawyer and share ALL the info in private...............cases are not dismissed that easily...........one often has to make motions to force the court and DA to follow the law and even then, both sides can appeal.
if you can't afford a private lawyer a public defender will be appointed for you at the first court appearance...........but I would still get a consultation with a private lawyer.
Joseph Abrams agrees with this answer
A:
1. Don't be your own lawyer. From your question, you are not qualified to represent yourself. This is the USA- you are presumed innocent until PROVEN GUILTY, and you don't have to testify against yourself, or for yourself. So the government has to PROVE YOU HAD COCAINE. If they prove you had marijuana, that is not Cocaine. You don't have to prove what you had, and you sure should not be trying to prove you had heroin.
2. Follow Mr. Gribow's advice above, it is very good.
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