Can inference be used to prosecute someone for constructive possession?

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Can inference be used to prosecute someone for constructive possession?

During the execution of a search warrant for my brother I was present (I don’t live there) and charged with constructive possession of a blunt roach in plain view. My brother has since pleaded guilty (possession on an ounce with intent to distribute) but the ounce was found in a hidden area. He is willing to testify the blunt roach was his and I didn’t know about it. I have been denied a public attorney because I own my car and thus it’s considered a liquid asset. I have no prior convictions or arrest.

Asked on August 6, 2012 under Criminal Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to hire an attorney plain and simple. Try legal aid or the state bar but generally speaking unless you are within miles of this roach, you were there when the warrant was issued and therefore it could be considered yours. If you do not have a criminnal record or any drug related history, this should be no problem to have this dismissed. You will most likely need to hire an attorney to help you in this endeavor and then if you prevail, consider suing the police for false arrest.


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