How can a man be charged with possession of Cds when the drugs were in a female vagina

Asked 5 months ago - Oklahoma City, OK

They were both charged but his bond is 80% higher. How can i get him out? Dismissed? Bond reduction?

Attorney answers (4)

  1. Kevin Duane Adams

    Pro

    Contributor Level 8

    2

    Lawyers agree

    1

    Answered . Possession is actually a mental crime not a physical one. What I mean by that is just because someone has drugs physically on them does not mean the are legally exercising dominion and control over those drugs. For example, if I loaned you my jacket and there was a joint in the pocket that you were unaware of, you would not legally be in possession of the joint despite the joint being located in the pocket of a jacket you were wearing.

    Well the opposite is true. Just because someone is not physically in possession of an item does not mean that he or she is not exercising dominion and control over that item.

    Addressing the question you asked of "How can a man be charged with possession of CDS when the drugs were in a female vagina?"; the state would need some evidence that he knew the drugs were there and that he planned on exercising dominion and control over the drugs.

    As far as why is his bond is so much higher than hers? Without knowing more, my guess would be criminal history.

    You need to hire him a lawyer.

  2. Luke Alva Anthony

    Contributor Level 4

    Answered . Being charged with a crime is not the same as being convicted of it. I would be shocked if the state can meet its burden on the male's possession of CDS while in another person's vagina. Hire an attorney, set the case for hearing. Possession requires dominion and control. It just isn't there when the drugs are "in" another person.
    That being said, the male "might" be guilty of something even worse than possession...AND I'M SPECULATING HERE, since I don't have all the facts, but if the man forced or paid the woman to smuggle the drugs, he just got bumped up the felony food chain.
    Getting him out, dismissed, and bond reduced all start with hiring counsel.

  3. John M. Kaman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What better way to conceal drugs then to insert them in the vagina or anus of another person. You know how to access the drugs (presumably) so if you put them there it doesn't mean they are not possessed by you. WE'd have to know the facts to know why the man's bond is higher.

  4. Jay Scott Finnecy

    Pro

    Contributor Level 20

    Answered . I'm confused....A man is charged with possession of drugs that were hidden inside a woman's vagina? This is certainly one of the strangest questions I've read on AVVO lately, but IF the male knew of the drugs and had any sort of "control" over them (i.e. he asked her to "carry" them or "smuggle" them) then I can envision him being charged with possession.

    San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

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