Q: I was charged with possession of cocaine even though it was not in my possession or near me
The owner of the car said it was mine how can I be charged . It says in the report I was in possession of it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Being charged with possession of cocaine even when it wasn't physically on you can be frustrating and confusing. In these situations, the law often considers "constructive possession," which means you could be charged if the drugs were in a location you had control over, like a car you're in, even if they weren't directly on you. The statement from the car owner complicates things because their testimony could be used as evidence against you.
You can challenge these charges by showing that you had no knowledge or control over the drugs in question. If you were unaware of the cocaine and had no reason to know it was there, you could argue that you didn't have the intent to possess it.
It’s important to gather any evidence or witnesses that can support your case. Being proactive in your defense and working with a legal professional to present your side effectively can make a significant difference in how your case proceeds.
Dimitrios Makridis agrees with this answer
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.
