Legal Question in Criminal Law in Georgia
Legal Defense
I was told there is a legal defense regarding knowledge and control for drug possession. Is this a viable defense? If someone is arrested during a traffic stop due to a small amount of drugs in the car but the person driving does not own the car and the drugs were not in direct contact with the driver I was told they may be able to use the knowledge and control defense. Is this possible?
Asked on 7/23/08, 9:27 am
1 Answer from Attorneys
Fleet Tilden
TildenLaw
Re: Legal Defense
Yes. There are two types of "possession" Actual and constructive. Actual means the drugs are on the person, ie., pocket, hand, mouth, etc. and constructive which means in an area that the person exercises contol over. To answer your question, knowledge is a required element of proof in a drug possesion charge.
Answered on 7/23/08, 7:48 pm
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