Legal Question in Criminal Law in Missouri

Bogus Posession Charge

Charged with posession of controled substance because my room mates prescription was in my car. We both drive the car regularly, I might add that the bottle was empty, but is a controled substance. What if anything can I do to get this dropped?


Asked on 1/19/03, 2:49 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Bogus Posession Charge

In the first place, if you are facing criminal charges for possession of a controlled substance, it is absolutely imperative that you hire a criminal defense attorney to represent you. Please do not make the mistake of representing yourself because you know that you are innocent of the charge. As you may know, Missouri has long recognized the concept of "constructive possession" which means that you may be held responsible for contraband found in a car you are driving or in the place where you reside under certain circumstances. I am not assuming that the search in your case was proper, and it may be that you will have a defense based upon an illegal search and seizure. Also, there is no law that I am aware of which would allow a charge of "possession of a controlled substance" to stand where there was no controlled substance, only an empty prescription bottle. Your attorney will interview you and any witnesses, and then obtain all of the discoverable evidence obtained by the police. Then, your attorney will determine the best manner in which to handle the case. If everything is as you have stated, it seems to me that you will have a very good chance of beating this charge. If you are in the Eastern half of the state and you are not already represented by legal counsel, I have a great deal of experience in this type of case, and you may call me for a free telephone consultation at 314-727-2822.

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Answered on 1/19/03, 5:47 pm


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