A large percentage of court cases pertain to the possession of controlled substances. In fact, police officers arrest more people for drug possession than for any other crime, including violent crimes. Moreover, thousands of people are arrested for possessing small amounts of controlled substances either found on their person or in their vehicles. Routinely, these individuals receive convictions. However, it is possible to defeat these drug possession charges and obtain more favorable results.
Consider the following case. Kaylee is a 16-year-old junior in high school. Recently, she received her driver’s license and her mother’s used but flawless, shiny, red Toyota Camry. Kaylee is excited about having her license and her own transportation, which means that she no longer has to ride the crowded, smelly school bus. Moreover, her best friend, Stephanie, is excited because she can catch a ride back and forth to school with Kaylee, catch a ride to the mall, to the movies, and to all the other popular places where the teenagers hang after school, including this weekend’s big party, hosted by Stephanie’s boyfriend!
Both of the young ladies are on the varsity cheerleading team. In addition, they both date two of the most popular varsity football players, Tyler and Jared. Kaylee and Tyler have been dating for two years, while Stephanie and Jared have been dating for two months. This weekend, Jared’s parents are going to be out of town. Therefore, he is planning on throwing a party. Of course, his parents are unaware of his plans.
A lot of people end up coming to the party. Teenagers are everywhere, and they consume a large amount of food and illegally purchased beer. After a few hours, the liquor supply is low. As a result, Jared asks his older cousin, Shawn, to purchase more beer. Shawn graduated from high school last year and now attends college. Although, he is underage, he managed to purchase a fake ID, which allows him to purchase liquor at his leisure. Shawn attempts to leave to buy the beer, but several cars block him in, to his dismay. However, Jared notices that Kaylee’s car is not blocked by any cars; therefore, he convinces Stephanie to persuade Kaylee to drive Shawn to the liquor store. Ordinarily, Kaylee would not dream of driving another guy around in her car, but sometime during the night, she and Tyler got into a big fight because he was flirting with one of the local girls. Attempting to make Tyler jealous, Kaylee agrees to drive Shawn to the store. Shawn purchases the beer. Afterwards, he loads the cases of beer in the backseat of Kaylee’s Camry.
On the following Monday, all of the students are talking about Jared’s party and the great time that they had. In fact, Stephanie is telling Kaylee that Jared told her that Shawn thinks that Kaylee is kind of cute. Naturally, Kaylee blushes because she thinks that Shawn is kind of cute, also. In addition, he is an older guy in college, making him way cooler than her cheating ex-boyfriend, Tyler! All of a sudden, the teacher approaches the young ladies and tells Kaylee that she is to report to the main office, immediately. Kaylee wonders what is going on, but she does not ask any questions. Instead, she tells Stephanie that she will talk to her later and rushes to the office. When she arrives to the office, the principal, Mr. Salander, leads her to the parking lot and informs Kaylee that the county’s K-9 unit did a routine search in the school parking lot this morning and alerted the officers towards Kaylee’s vehicle. Kaylee and Mr. Salander arrive to the parking lot where the K-9 unit and officers are waiting near her car. The officer instructs her to unlock the vehicle and Kaylee complies, believing that there must be some type of mistake because she does not use illegal substances. After a brief search, officers immediately locate a small bag of marijuana on the back floor behind the passenger’s seat. Kaylee is stunned. She cannot believe what she is witnessing!
Kaylee and the principal return to the office. Kaylee is overwhelmed with grief and released to her parents, pending a Juvenile Probation Office hearing. Fortunately, Kaylee’s parents hire a great criminal defense attorney. The attorney uses constructive possession as a defense for his client. In other words, the marijuana was not found on Kaylee but in an area that is accessible to her, which just happened to be her car. However, that does not prove that the marijuana belonged to her. Instead, the marijuana could have belonged to someone else, which was the case. In fact, after a thorough investigation, the attorney and his team discover that Shawn, Jared’s cousin, was the possessor of the marijuana. When he rode with Kaylee to the liquor store on the night of the party, he had a small bag of marijuana in his shirt pocket. While he placed the cases of beer in the backseat, he leaned over and unknowingly dropped the marijuana in the back of Kaylee’s vehicle. Consequently, Kaylee was acquitted of all charges.
There are numerous defense tactics used by criminal defense attorneys to defend clients against possession of controlled substance charges. The constructive possession defense is simply one method frequently used by attorneys. If you or someone that you know has been arrested on drug charges, it is essential that you speak to a qualified attorney. I have been practicing criminal law for numerous years. Some of my cases range from public intoxication to murder. My main priority is to ensure that my clients receive fair treatment from our justice system, and I will do everything that I possibly can to assist you with your case.