How can I be charged with drug possession if the police found drugs in a car that was not mine?
A common situation is one where a group of people are in a car, and the police, through a search of the car, discover drugs under a seat or in some other compartment of the car, and the prosecuting attorney charges multiple people in the car with drug possession. You should understand that, in many if not most states, there is no legal distinction between drug possession and drug ownership. If someone knows a drug is present, knows the drug is illegal, and can exercise control over the drug, the law makes this person guilty of drug possession.
There is no way to win my case since the police found drugs on me, right?
While it is never a good fact if the police discover drugs on the person of someone charged, there are times when, even these cases, can be won. Just like there are laws that govern our conduct, there are laws that govern police conduct. Where the police violate the United States Constitution or a state constitution in a search of an individual, it may be possible for the defense to convince a judge to suppress the illegally obtained evidence. Thus, where people are charged with drug crimes, it is critical that they retain an attorney that has the knowledge, willingness, and ability to contest the illegal seizure of evidence.
Additional resources provided by the author
For a list of well-trained Drug Defense Lawyers the website for the National Association of Criminal Defense Lawyers and look for a lawyer in your state.
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