what is possession of cocaine. can you be charged with possession if the cops didn t find nothing on you.

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what is possession of cocaine. can you be charged with possession if the cops didn t find nothing on you.

the cops burst into my home looking for drugs. i was in the bathroom. they trash the place and they did not find anything. so they dug up the sewer and said they found small piece of cocaine. let me tell you i stay in a trailor park where the sewer is connected to everyone. so how can they charge me with possession with intent

Asked on June 29, 2009 under Criminal Law, Georgia

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Although I do not practice law in the State of Georgia, the law regarding possession in many states requires knowledge of the contraband as well as dominion and/or control over it.  Therefore, based upon the facts that you have provided, there may be probable cause to arrest you for possession; however, there may lack evidence to support the "guilt beyond a a reasonable doubt" necessary to convict in light of where and how the cocaine was found.  I suggest that you consult with and/or retain a criminal defense attorney to discuss the strength (or lack thereof) of the state's evidence as well as any and all potential defenses that may be available to you in the interest of obtaining the most favorable resolution of these charges as possible.


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.

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