how to get a drug paraphernalia charge dropped This is a topic that many people are looking for. newyorkcityvoices.org is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, newyorkcityvoices.org would like to introduce to you 4 Ways to Beat Drug Possession Charges in Court. Following along are instructions in the video below:
Do you beat a drug possession charge. The answer to that question is coming right right up music welcome to kiss titus law. If youre new here.
Im gus titus. And this is my channel our passion here at gustavus law is to create videos to help you understand how to successfully navigate the criminal justice system how to manage encounters that you may have with the police than how to defend criminal charges. Consider subscribing to custodys law by clicking on that capital black.
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I also enjoy responding to your comments and your questions so add those down in the comment section. Below. How do you beat drug possession charges in court.
Well. Generally there are four typical issues that you can use to challenge and attack. The prosecutors case against you discuss these issues with your criminal defense attorney to give you the very best chance possible to beat your drug charges in court in all criminal prosecutions.
The prosecutor must prove the identity of the alleged offender drug possession charges are no different in other words. The prosecutor must prove beyond a reasonable doubt that you were the person who possessed the contraband in question identity issues often arise. When there is no direct evidence of who possessed the contraband.
This is especially true when there are other people in the case that you can potentially blame for instance. Another passenger in the car where the drugs were found or maybe one of the guests at your party. Where the drugs were located by the police in any case.
Any reasonable doubt about the identity of the person possessing. The contraband will lead to a not guilty verdict from the jury in a drug possession case. Possession is typically defined by state law.
Usually possession is defined as exercising care custody control or management over the drugs. A trial. If there is any reasonable doubt about whether or not the accused person exercised care or control over the drugs.
A not guilty verdict.
Will follow a common application of this offense might occur in a situation. Where drugs were found in your roommates. Room or maybe.
In a friends car. If the prosecutor cannot prove beyond a reasonable doubt that you had access to the bedroom or access to the car. Theyll be hard pressed to prove to a jury that you actually exercised care custody control or management over the drugs.
Another key element in the prosecutors case against you is their proof of your knowledge. Not only must the prosecutor prove that you possess the drugs. They must also prove that you knowingly possessed the drugs that they have charged you with in court.
An example of the knowledge defense might go something like this suppose you let your friend borrow your car to make a trip to the grocery store along the way without your knowledge your friend left a bag of cocaine in your glovebox. The next day youre driving in the car to the grocery store after you get stopped by the police for speeding you mistakingly give the police permission to search your car they find the cocaine in your glovebox. And they arrest you for cocaine possession.
Now even though you exercised care custody control and management over the cocaine in your glovebox. Your lack of knowledge would be a legitimate defense to prosecution in that type of situation and lastly. Even.
If the prosecutor can prove beyond a reasonable doubt that you knowingly exercise care custody control or management over the drugs. If those drugs were seized as evidence in violation of your fourth amendment rights that evidence will not be admissible in court and you will win nevertheless in general if the police illegally detain you if they search without probable cause if they search without your valid and voluntary consent or if they search without a valid search warrant. Any evidence they seize as a result will not be admissible in court.
Thats the beauty of our united states constitution and our bill of rights. If youre interested in any of our videos or playlists about your fourth amendment. Search and seizure rights.
Ive added a link above for you to access at your leisure. Do you have any questions do you have any comments about beating a drug possession charge. If you do have those down in the comment section below.
And ill be happy to answer those questions and those comments. If you liked todays video give us a thumbs up and share this video on your social media platforms. Thank you for watching and thank you for being a part of because status law community.
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