Legal Question in Criminal Law in New Jersey
If there isnt enough evidence to prove tje defendent had possession of drugs but the cop found the drugs under him is he guilty
4 Answers from Attorneys
What makes you think there isn't enough evidence? Possession is not the same thing as ownership. If the defendant had control over the drugs and knew what they were then he possessed them even if they belonged to someone else.
It's not clear from your question what happened. Was the defendant actually sitting on the drugs? Were they under his chair? Were they in a container of some kind? These details matter, because they may suggest that he possessed the drugs.
There may also be other evidence that you don't know about and/or that you didn't think was relevant if you thought possession meant ownership.
Depends on your lawyer's ability and what jurors you get
I would need more information
You can almost guarantee that the police report will say the officer saw the defendant throw the drugs or saw it fall out of his pocket, etc.
John Ducey
732-458-5600