Q: Police officer lied on his report body cam footage is proof.I was charged with the crime.
I was the passenger of a car the driver had drugs in center console with her wallet in top .console lid closed clearly her stuff.The officer said in his report there was a dollar folded with drugs inside he claimed was found closer to my side of car .Video showed it's not within my reach its on her side in the cubby next to shifter .I had no money no drugs nothing within my reach or knowledge .Also picture of all evidence was provided except the dollar with drugs ..I was charged with delivery /manufacturing meth lodged $60,000 bond which I'm out on now awaiting preliminary exam.My attorney is paid by the county and clocks $120 an hour it's in his benefit for this case to go long as possible not mine.I lose wages already lost 3 weeks wrongfully incarcerated..I just want to know what can be done .I have all the pictures, video,statements how is this not thrown out just from the evidence I have proved my innocent s....
A:
First off, nothing's been shown about anything until you have the preliminary exam. Second, it's to your benefit that your attorney isn't rushing into things guns blazing; time is always on the defendant's side. And think of it this way, your attorney has no financial incentive to lie to you about the realities of your case.
Here are some facts: more than one person can possess drugs because possession can be constructive. Two or more people can be engaged in the delivering or manufacturing of the same drugs. If the law weren't the way it were, couldn't anyone simply drop the drugs at their feet seconds before being arrested and claim "hey, it wasn't on me. It's on the street. Could be anyone's drugs".
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.
