traffic stop for head light being out
Yes, if there is other credible evidence that drugs were present, criminal convictions are often obtained without the actual drugs being recovered. However, this is rare for mere possession cases, often instead occurring in federal conspiracy or gang prosecutions, based upon testimony from other participants in the conspiracy. I have not yet started to see many possession charges based upon positive blood or urine tests, but that is theoretically possible. If you are facing an unusual charge like this, you should consider fighting it with the assistance of an experienced criminal lawyer.
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It would seem to be likely that the arrest may have been for operating a motor vehicle with a detectable amount of a restricted controlled substance, with charges awaiting the outcome of blood test results. If that is the case, and the results show active delta-9 THC in your blood, that's all the prosecution needs. Consult a lawyer.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
There is case law that stands for the proposition that a confession without any corroborating evidence cannot be the basis for a criminal conviction. However, ANY evidence other than your confession that shows you possessed marijuana can be enough.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of the Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
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