Q: Can I get charged with a possession that didn't occur when the laws are saying it did
Early part of May 2022 I got pulled over. Unknowing to me there was a ashtray with residue in it. I was never arrested for it. May 30 I was arrested for heroin that was found in my car. That's the only thing that was found. But I had 2 charges from that arrest. Come to find out the other charge is the residue that was found That I was never arrested on. Is that legal
A:
Yes, you can be charged, but the State must proves it’s case beyond a reasonable doubt. Under the facts as described, the State will want to prove you had possession of the car and that the substance in the ashtray meets the definition of a controlled substance whose possession is unlawful.
You may be able to successfully defend the case if you can show you were not in possession of the car or that the substance in the ashtray does not meet the definition of a controlled substance. You will want to offer hard (documentary) evidence as to who had possession of the car and for how long just prior to your stop to credibly maintain that you were not aware of the substance left in the ashtray by the previous user of the car.
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