Q: Can I be charged with possession of a controlled substance if it was in the trunk of someone else’s car in a iPhone box
My daughters car was parked and no one was in the car the police came because of somebody who was helping us move they searched the vehicle and they found a iPhone box and it had drugs in it because I had a iPhone they charged me even though my daughter and me both said it wasn’t ours and it was found close to our friends briefcase whom was also arrested for theft of a firearm. Is there anything I can do to fight this
A: Yes - if you are not guilty, then plead not guilty and hire an attorney. They must prove you intentionally and knowingly exercised care, custody, control or management of the controlled substance - beyond a reasonable doubt, in order to convict you of possession. The viability of your defense is very fact dependent. You will be in the best position to fight your case if you carefully choose your lawyer. Good luck.
A: They must prove you intentionally and knowingly exercised care, custody, control or management of the controlled substance - beyond a reasonable doubt, in order to convict you of possession , you can be charged but you can fight the case if you are not guilty. You did not say why police searched the car.
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.