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They say that possession is nine-tenths of the law. When it comes to drug possession charges, it is ten-tenths. You would not believe how many times a client has come into our office saying: “But the drugs were not even mine!” Drugs typically do not have receipts or bills of sale. Nor is there a title or deed that tells police that you own them. In other words, if you are pulled over and the drugs are in your car, you will be charged with possession, even when one of your friends took the drugs out of their pocket and stuffed it between the seats.
In order to establish that illegal possession has occurred, the state must show that the substance is illegal to possess according to state or federal law and that your possession of the substance is illegal or invalid. In other words, they must show that you have no legal right to possess the substance.
As an example, medical marijuana or opioid-based pain medication can be possessed legally by certain individuals. However, for other individuals, it would be a crime to possess those substances.
To successfully convict someone of drug possession, a prosecutor must be able to prove the following elements:
If you have been charged with possession of drugs, The Bellinger Law Office can help you defend yourself against the charges. Talk to us today for more details.
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