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Will my simple possession and drug paraphernalia charges stick if I did not have either of those in my possession?

Smyrna, TN |

My friend was driving with drugs and paraphernalia in his car. I was a passenger. None of the items were found near me. I complied with the officer at all stages. I consented to searches. The kept my cell phone with messages in them but said messages did not imply that I had anything on me at the time. They did not do a drug test. I did not admit to anything.

Attorney Answers 5


  1. They are probably charging you under theory of constructive possession. They do this all the time, often times when it is unwarranted in my opinion. I dealt with this same set of facts the other day. Hire a competent defense attorney to fight this for you. The police will surely have a different story so there is no way to tell whether it can be beat until all of the facts are flushed out.


  2. You may well have a good defense to this charge - However, you need a good criminal attorney. Consult with one immediately - it is best to be prepared & properly represented by someone who is familiar with the local prosecutors, judges & court procedures.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  3. Was it narcotics detectives or patrol officers? Unwarranted charges come out of these situations all the time. I would be happy to discuss all the details with you next week if you wish. Just call my office to set up a consultation.

    "Nothing in this communication is meant to establish an attorney-client relationship. The information is provided for educational purposes only. No action will be taken on your behalf unless you have have hired me and entered into a written retainer agreement. I am only licensed in Tennessee and I suggest contacting an attorney in your specific city and state as soon as possible to avoid any statute of limitations deadlines, if applicable."


  4. If you are in constructive possession of the drugs, you can be charged.
    I would take drug tests before the court date and produce clean drug tests in
    Court to show that you do not have a drug problem. I also would try to show where the drugs were located in the car in relation to the driver and yourself and if you would have difficulty exercising control of the drugs based upon your location in the car, that may help you.

    No legal relationship is formed by responding to the question.


  5. The standard is very fact specific, but there's a whole line of cases flushing out what exactly constitutes possession in cases similar to yours. Typically, a person in your situation has a little more involvement then what you've typed. You'll need to consult with an attorney to find out what your options are for your specific case.

    If you find this answer helpful, please let other readers know by marking the answer as "helpful". No discussion on this board is intended to replace the advice or consultation when all facts are disclosed and pleadings reviewed. No attorney client relationship is established by initiating this discussion with the attorney. For further discussion, I can be contacted by phone at 615-896-5720. Most consultations are free. My office is located in Murfreesboro, TN and I am licensed to practice in the state of Tennessee.

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