Legal Question in Criminal Law in Iowa

wrongfully charged of possion of a controlled substance

On Feb. 15 at approximately 2:15 a.m. I was in a car with a couple of friends when we were stopped by a police officer for speeding. I was in the back seat of the car on the passenger side, there was a driver and a passenger in the front. While stopped the officer approached me with a bag of marijuana telling me that it was mine, which it was not. He said that he saw me throw it out my window, which I did not. He found it by the rear tire of the car. I told him it wasn't mine and he told me I was lying. He searched me finding nothing. The driver was areested for OWI and driving without a liscence. I was arrested for poss. of a controlled substance. In his affidavit he said that he determined that the pot was mine because my window was rolled down. It happened to be rolled down becasue I was still smoking a cigarette when he stopped us. After spending the night in jail I talked to the two people that were with me when I got arrested. I found out that the pot was the driver's and she gave it to the passenger in the front seat to throw out. The first time I became aware that there was marijuana in the car was when the officer showed it to me. I have reviewed the law on possession, can I be still be convicted?


Asked on 2/20/06, 3:29 pm

3 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: wrongfully charged of possion of a controlled substance

You can be convicted if the judge or jury believes the cop. This is not a question of law, but one of fact. Since the only evidence, you say, is the cop's report that he made that determination because he saw your window down, you have a chance to win. Don't ever underestimate the chance of a cop lying under oath. You must hire a criminal defense lawyer to represent you. A public defender (though there are many good public defenders)won't give your case the time it deserves. He or she usually has too many cases to handle to do yours justice. Call me for an appointment.

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Answered on 2/21/06, 9:28 am
Robert Luedeman solo practitioner

Re: wrongfully charged of possion of a controlled substance

The answer to that is "yes". If you were in the car, and the contraband was accessible to you, that constitutes possession or close enough. You need the services of a criminal defense lawyer before this goes too far.

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Answered on 2/20/06, 3:38 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: wrongfully charged of possion of a controlled substance

I do not agree in all respects with the attorney who posted a reply previous to mine. It is true that you might be convicted. IF you go to trial, and the trier of fact (judge or jury) believes the cop and not you, or if your friend fails to testify that he or she possessed and ditched the pot,or that person does so testify but the trier of fact does not believe him or her. On the facts that you give, I believe that you have a fairly good chance of winning at trial if the cop only charged you with possession because your window was open, i.e. he does not testify that he saw you throw it out. You also will have an opportunity to enter into a plea bargain which would avoid the risk of being convicted, and may be your best option under all of the circumstances. Depending upon which county this incident occurred in, I may be able to help you. You should feel free to call me at the office, but whatever you do, hire an attorney. You do not want this on your record if it can be helped. Good luck.

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Answered on 2/21/06, 12:06 am


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