QUESTION

How can I be charged with possession of a controlled narcotic if I was never caught with them in my possession?

Asked on Nov 26th, 2012 on Criminal Law - Florida
More details to this question:
I was waked up by police with a warrant for my arrest for possession of a controlled narcotic. How is that possible if I have never been arrested or caught with narcotics of one kind? They say it for meth. How is that possible? What class felony would it be and what kind of time am I looking at if convicted?
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7 ANSWERS

Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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You don't provide enough info for me to answer.
Answered on Apr 15th, 2013 at 6:47 AM

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Michael J. Breczinski
Well without reading any police report I am unable to answer this question. I need more facts.
Answered on Apr 15th, 2013 at 6:42 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced /criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 15th, 2013 at 6:33 AM

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As long as the narcotics are under your "dominion and control" you can be arrested for possession even if the drugs aren't on your person. The circumstances of your case and record will help determine what, if any time, you are facing.
Answered on Nov 30th, 2012 at 5:02 AM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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The police must have other evidence such as witness testimony. If anybody you know has turned on you, then it's possible they have enough evidence to move forward. You should hire a lawyer immediately, and don't talk to the police without your lawyer present.
Answered on Nov 29th, 2012 at 4:58 AM

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Criminal Defense Attorney serving Fullerton, CA at The Law Offices of John W. Bussman
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It's impossible to answer that question without a lot more information. I have no idea why the police believed that you possessed meth. Possession of meth is a felony (HS 11377), but you might be eligible for a diversion program. Again, I would need a lot more info to determine whether or not you might qualify for PC 1000 or Prop. 36. Those are both great programs if you can get in. Completing a diversion program can result in a dismissal of the charges against you.
Answered on Nov 29th, 2012 at 4:57 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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No one can answer this question with any accuracy. Get an attorney.
Answered on Nov 29th, 2012 at 4:49 AM

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