Question: Can I Be Charged With Possession If I Had Nothing On Me?

Do drug charges ever get dropped?

Some jurisdictions also offer diversion programs that allow those caught with small amounts of drugs to do some form of rehabilitation, pay fines and court costs, and upon successful completion of all obligations the charges are dropped and there is no conviction recorded against the individual’s record..

What does it mean possession of a controlled substance?

The definition of possession of a controlled substance is having in one’s possession a drug that has been declared by state or federal law to be illegal for sale or use without a physician’s prescription.

Can you get a DUI on coke?

Unlike with alcohol-related DUIs, if you are charged with a drug DUI based on cocaine, you face the possibility of your driver’s license being suspended without being able to get a restricted driver’s license during that period. There may be defenses available to fight a cocaine-based DUI.

Is 5th degree drug possession a felony?

As a felony-level drug offense, fifth degree possession or sale of is punishable by up to five years in prison and a $10,000 fine. However, with the assistance of an experienced drug crime defense lawyer, first-time offenders are very rarely sentenced to prison.

What is the punishment for possession of a controlled substance in Texas?

Any amount above 4 grams by weight will be charged as a felony under Texas law. For smaller amounts, you will face up to a year in county jail. But a conviction for more than 400 grams of a Group 2-A substance carries a potential sentence of between 2 and 20 years in state prison as well as a fine of up to $10,000.

Can charges be pressed without proof?

The straight answer is “no”. You cannot be charged and eventually convicted if there are no evidence against you. If you happen to be arrested, detained, and charged then there is most likely a probable cause or a physical evidence that points towards you.

What evidence is needed for a drug conviction?

Other evidence such as the possession of paraphernalia, containers, or large amounts of cash may also support a drug possession conviction. Prosecutors argue that these items demonstrate your intent to possess or distribute drugs. Circumstantial evidence can include the amount of the drug in possession.

Does having drugs in your system count as possession?

(7) the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. Obviously, a person can be charged with possession of a drug.

Can cops charge you after the fact?

Yes, if the police let you go you can still be charged later.

How do you prove constructive possession?

To convict you of constructive possession, however, the state must prove that you knew the drugs were present, knew they were illegal and had “control” over them. Mere proximity to the drugs is usually not enough to convict someone in this type of case.

Can you be charged with drug possession after the fact?

Yes, the police have up to a year to file charges against you, if it’s a misdemeanor (less than 35 grams of marijuana).

Can you be found guilty on hearsay?

There are many exceptions to the hearsay rule where an out of court statement would be admissible. Can I be convicted if the only evidence is the word of one person? Unfortunately, the answer is yes, if the jury believes that one witness beyond a reasonable doubt.

What evidence do CPS need to charge?

The victim’s circumstances and the harm caused to the victim; The accused’s age and maturity; Any impact on the community; Is prosecution a proportionate response, e.g. is a nominal penalty likely?

Can you be convicted with only circumstantial evidence?

The notion that one cannot be convicted on circumstantial evidence is, of course, false. Most criminal convictions are based on circumstantial evidence, although it must be adequate to meet established standards of proof. See also hearsay.

What legally defines possession?

As stated in Black’s Law Dictionary, possession is “the fact of having or holding property in one’s power.” That power means having physical dominion and control over the property. That dominion and control may be exercised by excluding others, or letting others in.

What is the purpose of constructive possession?

Constructive possession is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession.

What are the four elements that must be proven in a narcotics case for the crime of possession?

The elements of the crime of possession with intent to distribute or drug trafficking are: The exercise of control over the controlled substance; Knowledge that the substance was present; Knowledge that the substance was a narcotic drug, dangerous drug, prescription-only or other illegal drug; and.

How do you win a drug possession case?

How To Win A Drug Possession CaseGet Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges. … Assess Possible Defense Strategies. … Lab Testing Issues. … Beyond a Reasonable Doubt. … Contact a Drug Possession Attorney Today.