QUESTION
Can I get the charges dismissed I’m innocent and need to know what to do on this drug charges?
Asked on Oct 20th, 2013 on Criminal Law - Georgia
More details to this question:
At first I refused to take anyone. He said please and they are going with me. We went thru a check point and the officer recognized the passenger in back and told me it was trouble. I told the officer I didn’t know him. The officer then asked to search my car and I consented to it. Drugs were found on passengers and in backseat. I was also charged. I didn’t know them or know they had drugs. Please help.
3 ANSWERS
Michael J. Breczinski
You need to get a lawyer and fight this matter. The State needs to prove that you knew the drugs were there and you do not have to prove anything. Not knowing about the drugs is a defense.
Answered on Oct 23rd, 2013 at 1:05 AM
Time to shop around for a lawyer.
Answered on Oct 22nd, 2013 at 2:14 PM
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For future reference never ever consent to a search of your vehicle, home, or person by a police officer. A police officer needs probable cause to search your vehicle and if he does not have it he cannot search without your permission. If drugs were found in your car you are probably being charged under the theory of constructive possession meaning that you knew the drugs were there and you had access to them. This is a serious charge which can have very serious consequences including prison, fines and costs, and drivers license suspension. You may be eligible for 7411 which would not only keep the matter off your public record, but prevent any drivers license sanctions as well. Consult with an experienced criminal attorney in your area that handles drug cases for a review of your case to see if any arguments can be made to suppress the evidence or reduce the charges.
Answered on Oct 22nd, 2013 at 1:36 PM