Charged With Possession of Heroin Over Suspected Residue

My question involves criminal law for the state of: Oregon

My gf and I were sleeping in our car in an apt complex cops roll up and said ppl had called saying we were using drugs he asked we denied I knew (thought) the only thing in my car was all related to pot which is legal so I let them search the keys were not in the ignition also he stripped the car found a little empty bag we don't use heroin anymore the bag must have come from a passenger no longer in the car for it was found in the backseat tucked under the back seat he brings me the bag and asks me what the residue inside was I took a good look I'd never seen that before and I didn't see the residue he was talking about

all I said is we used to use powder heroin he kept going trying to get me to confess to something I don't see and he says it looks like tar residue and arrests us both keep in mind it wasn't in either of our seats and no keys in ignition he then did a feild test on the empty bag by swabbing the bag roughly and as thoroughly as possible with a swab then they test it and have to mess with it for about 15 min and said there's barley a tint of blue (poss for heroin) but it's hard to see the blue and I know he had to swab the whole bag down there was nothing left hell I didn't see what he was seeing at all but anyway they book us both on the same charge class b felony possession of heroin there was no sample left there wasn't even nothing in the bag to my eye but it's doesn't seem right we have been clean no ****ing joke it wasn't in either our seats and belonged to neither of us but I got released and she's in there on what I feel is BS charges

how should we fight this did the cops do something wrong I feel they did in Ohio the person's seat it's in gets charged but I don't see how an empty bag that was viggerously swabbed and tested with no sample left how do we fight this right what should we do neither of us have felonies esp. No dope charges she's esp clean on her rec is there anyway she can get out of jail were the cops in the right or are they being small town cops finest my other questions are how long will this court process take and with no priors what are we looking at what can we do we had tickets and we're moving to Hawaii as a kind of rehab to our souls after this addiction most has been taken how should we go about this was the charges done right how long is she looking at being in there am I looking at going back the courts ordering us apart and with no priors what usually happens this is umatilla county

plz any advice or knowledge is needed and appreciated we need a moral boost cause going down like this is a pill to tough to swallow it wasn't ours not in our seats and most of all it's an empty bag I can't imagine doing prison time for this I couldn't swollow that pill esp being clean any light helps

Dude. Sentences are your friend. "That isn't mine" isn't a defense to possession charges. Even in Ohio, you're understanding of the law is wrong. Just because some contraband is in a different seat doesn't indemnify the other passengers of the vehicle (especially if that seat was empty).

What you need is a lawyer. There are probably some defenses here but not anything you appear to say. Residue is one of the things that's often challengable. I can't even begin to decipher the rest of that statement. Write back after you sober up.

Is this in addition to what you are going to court for in a few hours?