Charged with possesion of a controlled substance when i WAS NOT in possesion.
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Charged with possesion of a controlled substance when i WAS NOT in possesion.
I was involved in a sting operation I went to the guys house and never exchanged hand to hand any money. Never agreed to purchase any amount of any illegal substances. And got charged with posession. How can that be when I myself never bought anything or was in possesion of anything when i was arrested.
Asked on May 11, 2009 under Criminal Law, Idaho
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You can be charged for possession, and other offenses that can be proved without actually catching you with the drugs. For example, Idaho uses the doctrine of "constructive possession," wherein you can be convicted of possession of drugs that were more or less in your reach.
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If involved in a sting operation, were you in the vicinity of the drugs? Were you going there with intent to purchase? Were you being recorded?
Check out the laws concerning possession in your state and then consult with a criminal defense attorney in your state. Try www.attorneypages.com or the Idaho state bar.
http://www3.state.id.us/cgi-bin/newidst?sctid=370270032B.K
http://www.legislature.idaho.gov/idstat/Title18/T18CH15.htm
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