Legal Question in Criminal Law in Maryland

possession charge

While taveling in the back seat of a vehicle that was pulled over, the driver was arrested for possess. of a CDS. I was released as nothing was found on my person. Later, the driver accused me of selling a CDS to him and I was found and arrested; later released. My place of residence was searched and nothing was found. I am now charged with this which is false. The person in the back seat with me, who was also released and then later arrested and released again,is stating to me that he will get his lawyer to place all blame and charges on me to save himself since I moved back home to New Jersey. My question is: can he do this and what will happen to me even though nothing was found on me and I did not sell any CDS to anyone. I have a public defender but have not yet had opportunity to speak with him. The arresting officer, on the Statement of Charges,is stating that we were moving around ''suspiciously in the back seat'' of the police cruiser (this is because I was handcuffed and uncomfortable as there were three person in the back seat). They found a plastic baggie, drug paraphenalia, marajuana roaches and cocaine. Again, nothing was found on my person, it was found in the other person's vehicle and on HIS person.


Asked on 1/06/06, 9:46 pm

2 Answers from Attorneys

Richard S. Stolker Uptown Law, LLC

Re: possession charge

The fact that nothing was found on your person does not constitute a complete defense to the possession charge, since the courts have held that drugs that are wtihin reach of a person in a vehicle may be attributed to that person. You need to consult an experienced criminal law attorney.

You are welcome to contact me if you would like to discuss the matter offline. I am a former prosecutor with 25+ years' criminal law experience.

Richard S. Stolker

301.294.9500

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Answered on 1/08/06, 1:57 pm

Re: possession charge

Talk to your public defender. Now is the time to prepare your defense. You haven't a moment to lose with your co-defendants putting the blame on you for everything.

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Answered on 1/08/06, 3:15 pm


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