A cop found 1 hydrocodone in my truck that wasnt mine, it was my dads from when he used it, it wasnt in a sack or bag or anything. My dad has prescriptions for them and he even said he would tell the court about it. The cop didnt drug test me or anything, just booked me and my friend in the jailhouse for the night. My question is how do I prove my innocennce?
DUI / DWI Attorney
You have no obligation to prove anything. You father's prescription testimony will be helpful, but explaining how he might have had the pill bottle opened in the vehicle for it to have fallen out out might be tricky. Hope you do not proceed w/o a good criminal defense lawyer.
I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.
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Workers' Compensation Lawyer
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DUI / DWI Attorney
FIrst - There is no legal requirement for you to prove your innocence in the court system we have in the USA. If you were in England the burden would be on you to prove your innocence! In America, the State has the burden to prove "beyond a reasonable doubt" that you knowingly possessed the prescription medication in violation of the criminal statutes.
Second - I would advise you to retain the most experienced and qualified criminal defense attorney that is available to you ASAP. The attorney can then work to possibly resolve your case without the necessity of a trial, or if unsuccessful, prepare your defense for effective presentation at trial.
Although you are certain of your innocence, you should take every precaution to insure that justice is done --- and this would include investing in a criminal defense attorney! I hope this information has been helpful. Good Luck!!
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
Criminal Defense Attorney
You don't have to prove you are innocent in this country. You are presumed innocent. The burden of proof is on the state/government to prove your guilt. That being said, if your dad can show he has a prescription and further he is willing to affirm the pill was his and not yours, that would go a long way to proving your innocence. If you were in knowing possession of your dad's hydrocodone that would be a problem. The crime of possession requires knowledge. The $64,000 question is, how did the pill get in the trunk of your car?