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  1. #1
    Join Date
    Feb 2008
    Posts
    4

    Unhappy Second Drug Possession Charge, Not Guilty

    Lat yr jan 07 i was pulled over and searched wherebye a small amount of pot and bowl were found, i plead guilty and went through 6 month suspension with drug testing, fines, etc.
    Recently( 1/08) i was pulled over for missing a license plate light in Ohio, 10:30 pm. The officer sd all was fine but then nonchalantly asked if i had any weapons in my car. I was driving my work truck and it is embarassingly dirty, filled with tools, debri,materials, and the officer even commented on the mess saying 'nothing in the car more dangerous than cups is there' to which i sd "no" he asked to search anyway and from watching episodes of 'cops' on t.v. and similar 'reality' shows i immediately sd o.k. to the search, partly because i had no fear of weapons being found and partly because i just wanted to be done quickly and go home. During the search for weapons the officer found a small bud and rolling papers in the bottom of a tool pale sitting on my back seat. I honetly did not know it was in there and the work bucket was being used by others on my crew for days, I only had the bucked for 3-4 days because it was left on a job site. My question (s) I am being charged with possession of controlled substance MM and possesion of paraphanalia 4M, When i plead not guilty will they likely drop any, if not all of the charges since proof of "possession" lies in the ability to prove i knowingly possessed this pot and could i likely convince a jury that there is a reasonable doubt.

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: 2nd Drug Possession Not Guilty

    No one can answer whether or not your charges or if any of the charges will be dropped.

    We also can not answer to what a jury will think about the defense you want to use.

    I'm just curious, would you test clean?

  3. #3
    Join Date
    Feb 2008
    Posts
    4

    Default Re: 2nd Drug Possession Not Guilty

    Yes, I should test clean if required, has there been previously successful defenses of this type?, Is "Possession" defined as it sounds, or is mere proximity to a substance enough to decide possession vs actual knowlege.

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: 2nd Drug Possession Not Guilty

    Quote Quoting jester
    View Post
    Yes, I should test clean if required, has there been previously successful defenses of this type?, Is "Possession" defined as it sounds, or is mere proximity to a substance enough to decide possession vs actual knowlege.
    In State v. Grundy (Dec. 9, 1998), 9th Dist. No. 19016, this Court stated:

    “[A] person may knowingly possess a substance through either actual or constructive possession. A person has constructive possession of a substance when he is able to exercise dominion or control over it. Circumstantial evidence is itself sufficient to establish dominion and control of the substance. Thus, circumstantial evidence that the defendant was located very close to readily usable drugs may support a conclusion that the defendant had constructive possession. Ownership of the controlled substance need not be established, and possession may be individual or joint."

  5. #5
    Join Date
    Feb 2008
    Posts
    4

    Exclamation Re: 2nd Drug Possession Not Guilty

    WOW so if I understand correctly, merely proximity to an item means I possess it. I'm gonna go stand next to a cadillac lol.

    Do you know of any successful defenses and if so can you elaborate.
    Is it more a matter of good jury selection or will my "i didn't know" defense just get tossed.

    Also I was curious about the reasons for the weapons search. And would that be an angle based on probable cause or reasonable suspicion. In other words If I was cooperating, respectful and lucid, what reasonable suspicion could I have generated.( just fishing).

    I do plan on pleading not guilty because I TRULEY didn't know about the pot,do the courts even honor a not guilty plea based on that primary defense or does a more "legitimate" defense need to be constructed.

    I Thank you very much for your help

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: 2nd Drug Possession Not Guilty

    If it was your pot and you forgot you had it, it doesn't make it any less yours.

  7. #7
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: 2nd Drug Possession Not Guilty

    Quote Quoting jester
    View Post
    WOW so if I understand correctly, merely proximity to an item means I possess it. I'm gonna go stand next to a cadillac lol.

    Do you know of any successful defenses and if so can you elaborate.
    Is it more a matter of good jury selection or will my "i didn't know" defense just get tossed.

    Also I was curious about the reasons for the weapons search. And would that be an angle based on probable cause or reasonable suspicion. In other words If I was cooperating, respectful and lucid, what reasonable suspicion could I have generated.( just fishing).

    I do plan on pleading not guilty because I TRULEY didn't know about the pot,do the courts even honor a not guilty plea based on that primary defense or does a more "legitimate" defense need to be constructed.

    I Thank you very much for your help
    You would be better off getting an opinion from a local attorney as to whether or not your "I didn't know" defense will work.

    The officer asked if he could search and you gave him permission, IMO, your fishing without a pole.

    Again, it won't hurt to consult with an attorney, some offer a free consultation.

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