Legal Question in Criminal Law in Arizona

Drug Possition

I was arrested for possition but I did not have any in my possition. The person I was with had some on her and she told them it was hers as it was in her pocket and that I didn't know she had it on her. They searched my car but there was nothing in it and when they arrested me they left my car parked and gave me my keys and they never searched me. At the jail the judge that was there told us he did not understand the charge and to go with no bail and to be in justice court on 9/1/06 as yet we have not been able to get a copy of our charges they say it is not on the computer yet....The oficer that was in charge is now going with my ex-boy friend and has been driving by my house and seems to always turn up where ever I am...just before I was arrested when I was driving to the post office I saw them and I had just parked at the post office and 3 police cars drove up and had the drug dog with them and they said my tail light was blinking off and on which is not true....thank you


Asked on 9/01/06, 2:34 am

1 Answer from Attorneys
Christopher Winchell Winchell Law, PLC

Re: Drug Possition

On the facts you stated, you have a good defense. In my opinion, they wouldn't be able to show possession or even constructive possession. For a discussion of constructive possession, see my article at http://arizona-criminal-defense-dui-attorney.blogspot.com/2006/08/constructive-possession-of-contraband.html.

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Answered on 9/01/06, 9:32 am


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