Legal Question in Criminal Law in Georgia
Felony Drug Possession Charge
What happens when you are charged with drug possession during a traffic stop in Decatur GA. 4 persons in the vehicle, no one had drugs on them but drugs are found stuffed in the back passenger seat (during a possible consent to a search by the driver) that is when over an ounce of marijuana was found, no one claimed them, so the officer arrested the person sitting closest to the drugs, the other three were not detained. What is the law???
2 Answers from Attorneys
Re: Felony Drug Possession Charge
This is a serious charge for which the penalty includes imprisonment; hence, retaining an attorney early is recommended for any party who is charged or who may be charged in the future.
Re: Felony Drug Possession Charge
The law is that mere presence at the scene of a crime is a defense against prosecution and that when others have equal access to the contraband and nothing else establishes a connection to the drugs, one cannot be convicted. Other technical defenses may be available to help avoid jail on felony marijuana possession. Please give me a call ASAP.
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