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  1. #1
    Join Date
    Feb 2014
    Posts
    5

    Default Charged for Possessing Prescription Drugs That Weren't Mine

    My question involves criminal law for the state of: Georgia

    I was in the passenger seat of my friends car with my friend in the driver seat and a police pulled up on us. After finding probable cause (marijuana residue) on my pants I was arrested and charged with possession under an oz.

    When I was booked at the jail they told me I was also being charged with a felony possession of a schedule 3 controlled substance. This pill was not mine, was not on my person and I am not the owner of the vehicle. In fact, the police never asked either of us about who owned the pill, he simply charged both of us with it

    He didn't ask us to take ownership of it and if he did I'm sure the driver would have claimed it.

    I cannot afford a a lawyer, is it possible I can get this charge dropped using my defense and also getting the owner of the pill to make a statement saying it was his?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Charged for Schedule 3 Controlled Substance That Wasn't Mine

    Why no it isn't. You need a lawyer.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charged for Possessing Controlled Substance That Weren't Mine

    The pill was found somewhere in the car, and based on its location the officer and prosecutor apparently concluded that you had actual or constructive possession of the pill. The fact that the other person (or somebody outside of the car) might say "It was mine", will not necessarily be believed by the police and prosecutor, and even if believed does not necessarily mean that the pill was not in your actual or constructive possession. The facts matter, so retain a lawyer or seek court-appointed counsel and discuss the facts with your lawyer.

  4. #4
    Join Date
    Feb 2014
    Posts
    5

    Default Re: Charged for Possessing Controlled Substance That Weren't Mine

    I believe it was in the center console, no closer to me than it was to him. Like I said, it wasn't on my actual person. I didn't even know about it.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Charged for Possessing Prescription Drugs That Weren't Mine

    If not for the pot issue you might not have been charged. You gave him a reason to question your constructive possession.

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Charged for Possessing Prescription Drugs That Weren't Mine

    Post Hx folks. OP seems to have a lot of drug related problems.

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