You panic, as you had no idea drugs were in the vehicle nor who they belonged to. The requirements to expunge drug convictions are strict, and not every offense will be eligible. You may still go to jail, pay heavy fines, and suffer a criminal record upon conviction. NOTE: For a full review of offenses categorized as "aggravated felonies" under immigration law, visit.
Under Health & Safety Code Section 11350, it specifically provides a legitimate legal defense if the controlled substance in possession is a prescription. Unfortunately, if the police find drugs in your vehicle or in your home, you most likely will be arrested as the main suspect unless you can prove that someone else has access to where the drugs were found. Here's what you need to do right now: - Tell the officers that you need a lawyer. We want you to be prepared for whatever is ahead. Of course, prosecutors still have to convince a jury beyond a reasonable doubt that you had knowledge plus control. Depending on the details, habitual offenders can expect to have their license suspended for longer or even revoked. Drugs found in car not mine de rien. Possession under the law can be both actual and constructive. Example Of Usable Amount. It is your right to remain silent and to have your lawyer present during any questioning by the authorities. If you are charged with intent to distribute and were merely present, in the wrong place at the wrong time and have no connection to the residence, you likely have a strong defense of lack of possession. Depending on where the drugs were located and other factors, it may be possible to establish—or at least suggest—that someone else put them there.
The drugs were found in plain and obvious view. If you have been arrested for drugs that weren't yours, you can be charged with possession, even if you had no idea how the drugs got there. While that is a common defense people use upon their arrest, that does not mean it is a lie. Can I Be Arrested for Drugs that Aren't Mine? | McCready Law Group. Even when the controlled substances are not in your exclusive possession, you could still be facing serious drug possession charges. As such, constructive possession charges are generally administered based on circumstantial evidence.
Learn how Rossen Law Firm got a felony cocaine charge dropped in Fort Lauderdale, Florida. I cannot express the gratitude towards Michael for his amazing work and help. Although incriminating circumstances may provide a connection between the defendant and illegal drugs, it doesn't always mean that a conviction is imminent. The Knowledge Component. The police did not have the right to search your property. Interestingly enough, if the drugs were located in the presence of others, the a group of people can be jointly accused. Drugs found in car not mine youtube. Contact Rudenberg and Glasser, P. for a Free Consultation. The most lenient offense is possession of a Schedule V drug, punishable by up to one year in jail and fines up to $2, 000. So how does the prosecution prove that you knew about the drugs? You may have even purchased the car used from someone, meaning whatever the cops found has been there for months or even years.
Constructive possession in a Car Stop: Constructive possession arguments can also arise in the case of a car stop, where multiple individuals are found in a car containing illegal drugs. While stopped, the officer notices, what he believes are traces of heroin in a water bottle in her vehicle. Unfortunately, many alleged drug offenders need support and compassion – not prison. I am committed to protecting your rights and will help you pursue the best possible outcome for your case. Drugs found in car not mine chords. This will include any equipment or ingredients that could be used to make a drug or to mix with it to bulk it out, or to separate a drug from a different substance. Be sure to hire an experienced attorney with experience in Drug Charge Cases. The drugs were found within the defendant's immediate vicinity while searching their vehicle. You can possess two-and-a-half ounces of cannabis or 15 grams of concentrates or more if you grow at home. Any controlled substance, which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state 1, shall be punished by imprisonment.
Your best option is hiring someone who handles these cases regularly and knows what to do. ": Constructive Possession vs. Actual Possession. Can I Be Arrested for Drugs That Aren’t Mine. You Were the Victim of an Illegal Search. Constructive possession can even apply to an Uber or Lyft driver whose passenger had drugs. The individual arrested may not be the target of the warrant strengthening the argument that there is no connection to the residence.
However, the drugs actually belonged to a passenger he had just dropped off. Possession with Intent to Supply (PWITS) a Controlled Drug. Get help from the Davis Law Group. The type of drug possession you are accused of can make a big difference in the outcome of your criminal case, one that could determine whether you go to jail or walk free. If you are arrested for drug possession and the drugs are not yours, know that you do not have to answer any questions and you have the right to remain silent. You do not have to give the police any information other than your identity; politely refuse to answer any other questions and ask to speak to a lawyer as soon as possible. Our attorneys have helped countless clients walk free from high-stakes charges because we've developed strategies from resolving thousands of cases. Other defenses may include drugs that are not illegal but were prescribed by your doctor, mishandled evidence (such as a broken chain of command), or other factors that weaken the prosecution's case against you. They might even use listening devices (known as a 'probe') to record conversations. 8 Things You Should Know About "Drug Possession"- HS 11350. This could be CCTV or hidden cameras, or there may be undercover officers in places where drug supply is known to happen. "The Drugs Weren't Mine" Defense. This means that the police must have "probable cause" to search your property or yourself and may need a search warrant.
Sometimes the police will ask for your permission to search your home or car. Using a hi-tech setup will be seen as a more serious offence. These include: The illicit drugs were found in plain view. If you have a question that has not been answered here, feel free to contact us. The defendant owned the place or property where the controlled substances were found. If you were arrested or charged with a crime for drugs that were not yours, you should discuss your case with a knowledgeable attorney at Johnson Law Firm to identify the best defense strategy in your specific case. Here, unlike a pre-trial intervention or a conditional discharge, the defendant must plead guilty, and the charge will still show on their permanent record. The answer lies in the difference between Actual and Constructive Possession. If convicted, you could spend up to one year in jail and face penalties such as probation or community service. After one year the charges got dismissed in the trial. Let's say you are a passenger in a vehicle full of friends and a police officer pulls the driver over for speeding. Facing constructive drug possession charges can be scary. But what if this isn't true?
Have you been arrested or charged with a drug crime? If you want the best chance of defeating drug charges, you need someone on your side. If the prosecutor can show that these elements existed and other incriminating facts, they may be able to establish that the defendant had constructive possession of the controlled substance. Incriminating Circumstances. If drug evidence is obtained based on an unreasonable search, that evidence cannot be used against you in court. When drugs are found in your house or car, it's likely you're going to get charged. It's an emergency—you or the police were in imminent dangerAt or the police had reason to believe a crime was being committed. Examples of Schedule I drugs include heroin, ecstasy, and LSD. If you're being investigated or have been charged with constructive drug possession in or around Long Beach, California, or nearby in Cypress Hill or Lakewood, contact my firm, McCready Law Group. One way to defend against this is to establish that another person had access to wherever the drugs were found.