Legal Question in Criminal Law in Mississippi

Charged with possesion of controled substance

The law was called about me and my ex fighting. Once they got there they asked to search the house, etc. My ex boyfriend signed a consent form letting them. They found a couple baggies with residue and a few pieces of foil with meth on it. So we were both charged with poss of cs. I dont live with him, but I do stay over night some. Since we were fighting my ex kept saying that I was trying to set him up. Which the officer new that my ex's 16 yr old son was arrested 4 days before and steadily telling the cops that his dad cooks dope, he gets his dope from his dad. Is there any chance of me being able to successfully fight these charges? My ex refused to sign a statement saying its his. I asked them to finger print it to see whos prints are on it. Any other suggestions?


Asked on 7/12/07, 1:59 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Charged with possesion of controled substance

The owner of the house has constructive possession of the cs. His guests may be found to have possession of cs depending on evidence linking the guest to control of the substance. Because there seems to be evidence that you lived in the house, there is some evidence that you possessed the cs with your ex. However, if the cs was found in a location that you don't use, it could show that you did not possess the cs. The government has the burden of proving beyond a reasonable doubt that you had possession. Any time someone is a person of interest or suspect, he or she should request the assistance of an attorney and the request cannot be used against you in a court.

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Answered on 7/12/07, 2:16 pm


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