Legal Question in Criminal Law in New York

Re: What constitutes possession?

In order to constitute posession drugs must simply be found in the area in your control, or around you... However, there are some defenses which a capable attorney could bring up ranging from challenging the stop to the search... feel free to contact my office regarding this or any other case #2127098303

Re: What constitutes possession?

Plain view does constitute a good search and arrest ,there may however be some good defenses depending upon the specifics of your case. You may call my office for a free phone consultation at 7188340087

Re: What constitutes possession?

This is not a game show where Alex makes you stick with your first answer. From what you said, the cops went back and took one last look and you got busted. You never said in your question that the drugs weren�t yours, or suggest that they were planted. But what you did say was that they were in plain view.

(Ding - ding � ding!) Plain view = good search in NY. They didn�t have to turn the vehicle upside down, it was right there but (absent the subsequent planting of drugs) whoever did the first search was sloppy. I am assuming, BTW, that you had been in the vehicle, had been sitting in the area where the drugs were recovered or were alone in that vehicle, and that the vehicle was in police custody this whole time and hadn�t been driven away by your next door neighbor Ray-Ray.

Please keep in mind that you asked a very short question and I made some broad assumptions here. It is impossible to give good and accurate legal advice without a through review of the case, and I can not tell you that this conclusion will definitely apply in your case, but I hope this brief and basic reply helps to answer your question.

If you would like to discuss this matter further, feel free to contact my office to set up an appointment.

Good Luck

Tanya Robinson, Esq.

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Tanya Robinson can next be seen on Court TV�s show Open Court on Wednesday, August 16, 2006 at 9am EST. Check your local listings for details.