Legal Question in Criminal Law in Georgia

I've been charged wiht possession of hydrocodone after being served with a warrant, at my home,for another unrelated charge. Before taking me in the officer asked if there was anything I wanted to take with me. I pointed to my presecription medication on the table, which the officer picked up and took to the jail. There they noticed the hydrocodone, unprescribed, in with another presecription which was prescribed. Hence, I was charged with the possession. In the officer's report of my charge he says I brought the pills with me to the jail. But I was never charged with crossing the guard line with drugs because the officer brought them not me.

Is this a technicality I can use for my defense


Asked on 2/28/11, 12:35 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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Answered on 2/28/11, 5:22 pm
Lawrence Lewis Lawrence Lewis, P.C.

Can you (acting pro se) use it as a technical defense? Probably not, since you do not know how to pick a jury or argue the case. Whether or not the attorney thinks you can use it as a defense is dependent upon the attorney ability to turn it into a defense. Here is the most important thing: You do not need to be charged with crossing the guard line to have a possession charge. You directed the officer to retrieve your pills, which he did. The officer knew nothing about what the pills were. The pills were not IDed until later at the jail. You claimed ownership of the pills at your home. In reality, you are charged with possession of the pills (not at the jail) but at yout home. You had actual physical possession of the pills at your home. You had constructive possession of the pills at the jail. Good luck.

Lawrence wrence

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Answered on 2/28/11, 6:20 pm


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