Illegal Drug Possession: Can I Beat This Case?
Question by Joker: Can I beat this case?
My friend and I got arrested on my 18th birthday because he had his weed out and I was basicaly sleeping at the time when the cops even saw he had weed and he gets pulled out of the car and they find his weed he when asked he pointed his finger at me cause it was his 3rd possesion charge and we both go to jail. I might be guilty by being around it but i had no drugs or nothing like that around me or on me so how can they give me a possesion charge?
Best answer:
Answer by Bruce
If it was your car, or if you were the driver, then there is a legal principle called “constructive possession”. If something illegal is in an area controlled by you, and you know it is there, then you are considered in possession.
Your defense would rely on you convincing the court you had no knowledge, and convincing them it was reasonable for you to be asleep in a car while all this was going on.
As far as hanging around with someone that you know does drugs, there is an old addage… “If you go looking for trouble, you are almost certain to find it”.
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You should be able to beat the rap since you weren’t technically in possession.