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If your name is on a lease, and officers say they find drugs with no photos of the drugs does that make you guilty of possession

Colorado Springs, CO |

mi being provoked to take a plea and i know it wasn't any drugs in my house , but i don't have any way of proving it . . .

Attorney Answers 5

Posted

You are confusing the issue of "burden of proof." The STATE (not the defendant) is required to prove every element of the crime beyond a reasonable doubt in order to maintain a conviction.

Chain of custody, production of physical evidence, and authentication of chemists reports are very common evidentiary issues that, if not handled by an experienced attorney, can ruin your defense.

You should engage an attorney immediately to assist in your defense. If you cannot afford one, apply for the services of the public defender.

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Posted

You need an attorney. Just because the drugs are in your house does not "necessary" make them yours. You have no burden of proof. The DA must prove that they were "yours" beyond a reasonable doubt by showing that they were in your room, your possession or within your control. Photos are not necessarily a requirement. Chain of custody of the drugs and other items are required.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Posted

Drug possession in Colorado requires the prosecution to prove that 1) you possessed a substance, 2) that substance was illegal. Possession is an element that must be proven specific to you. Some ways that a prosecutor may seek to prove possession would be that you lived at the location by showing your name was on the lease and that drugs were found at the location. There is no requirement for photographing evidence, but if you believe that you are innocent or that the government can't prove the case, you have a constitutional right to a jury trial. The jury trial is where you make the government prove the case, if they can.

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Posted

Please tell me you have a criminal defense attorney to deal with this situation!! If you don;t, get one . . . AND STOP posting anything about your case on a non-private, non-confidential website!!

Good luck.

Dan

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

The D.A. is required to prove that there were drugs in your house and that you had actual or constructive possession of the drugs. If they cannot prove these things beyond a reasonable doubt, a jury is required to acquit you (find you not guilty).

You need an attorney to review the evidence against you and to advise you whether to look at a plea or to take the case to trial.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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