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What are my chances of getting these charges dropped?

Knoxville, TN |

I was camping at Cherokee National Forest and a Park Ranger gave me tickets for possession of marijuana and paraphernalia. The Park Ranger saw the items on the ground, unattended and concealed then asked me what it was. I said, "I think it is a pipe." The items were not on me and a search of my vehicle and belongings came up empty. What are my chances of getting these dropped since I was technically not in possession.

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Attorney answers 5

Posted

Being in close proximity to these items could lead to a conviction under a constructive possession theory. In plain english, that means that while they were not in your actual possession, you were near with the intent and power to possess them. It is a loop hoop, in the negative sense, to possession charges. With that being said, the facts of your case will determine how strong of a defense you have. Do not post any additional facts about your case. I suggest that you hire legal counsel immediately.

Posted

I agree with the above post. I wouldn't delay in contacting a lawyer in your area. You can supply him or her with information such as, where you were in proximity to the contraband, if anyone else was charged, if anyone else was camping with or near you, how the Ranger initiated contact with you, whether or not you have a record, etc. Each of these charges carries a potential penalty of 11 months and 29 days in jail, not to mention a criminal record. Having an attorney in your corner greatly increases your chances of arriving at a resolution you are willing to accept.

Posted

The direct answer to your question is that the odds of getting your charges dropped without hiring an attorney are pretty slim. District Attorneys usually do not listen to the arguments of laymen that are presented to them, no matter how well reasoned. However, an experienced Criminal Defense Attorney knows the right way to apply the law, the correct way to explain things to the District Attorney, and, assuming the District Attorney still doesn't agree that charges should be dismissed, the correct way to argue these issues to a Judge in a Pre-Trial Hearing or in a Bench Trial or even in front of a Jury, should things go that far.

The best idea would be to consult with an experienced criminal defense attorney in the area where the incident took place.

Posted

Slim and None

James P Brady

James P Brady

Posted

"The Park Ranger saw the items on the ground, unattended and concealed then asked me what it was. I said, "I think it is a pipe." " Your statement about the concealed item is deadly. No judge or jury will think it was just a great guess.

Posted

James Brady gave you exactly the right answer. "Slim and None."

You need to hire an attorney to represent you. Do not delay, and do not post facts about your case in a public forum. You might call attorney Nick Lee (865) 637-3900. Good luck.

If you would like a consultation, call (865) 522-9000 to make an appointment. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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