Does a charge of possession of marijuana actually require the police to find marijuana directly in yourpossession?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a charge of possession of marijuana actually require the police to find marijuana directly in yourpossession?

My backpack was stolen last week (by my mother) and I reported it stolen. The police called a few hours later saying my bag showed up. When I went in to the PD to go pick it up. They had a possession of marijuana and possession of marijuana paraphernalia ticket waiting for me. Also, the police held onto $2000 laptop of mine without any reasoning for 24+ hours.

Asked on April 13, 2011 under Criminal Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So what you are inferring here is that the pot is not yours and that you want to put forth the idea that your Mother or someone else planted it in the back pack to have to issued a ticket?  Or that it is yours but that because there was a break in possession you want the judge to infer it?  I agree that there is an issue here as to the chain of custody of the back pack and the possibility of being able to get this ticket and charge reduced or thrown out (but I would ask a criminal lawyer in your area as not all the facts are here) but generally speaking the police can make certain assumptions as to your possessions and that the content inside is yours as well.  Get legal help. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption