Q: Went to court today and was reindictes for phetamene. Attorney said they can't a girl there the night I was arrested was
Hers. Its in police report it stated it was hers and she wasn't even arrested and some how it got put on me. Charging me with meth said was in my truck based on a picture they took. I was in police car for assault. I was only one arrested???? She had drugs on her in the report and she didn't go to jail?? I don't get it.
A: It sounds like you already have a criminal defense attorney. Nobody here is in a better position to untangle this mess than your attorney because that attorney is the only person who has access to all the files and evidence. The main question you need to ask is whether the prosecutors can prove, beyond a reasonable doubt, that YOU were in possession of a controlled substance. Not somebody. Not maybe the other girl... but YOU. That said, the word "possession" doesn't mean exactly the same thing in criminal law as it does in plain English. It is possible for two or more people to be in "constructive possession" of one thing if they all had care, custody, and control of it. Bottom line is that you need to talk to your attorney and ask follow-up questions if you have questions about his or her explanation.
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