More details to this question:
I got arrested for trafficking evren though i wasnt in the vehicle when the police pulled into my driveway late at night.and he has no proof that i was even driving the vehicle expect i was outside in the yard but not near the vehicle.he didnt ask to search the vehicle just did anyway.and also the vehicle isnt even in my name or anything.but im still being charged with trafficking cause there was drugs under one of the sets in the vehicle.can this happen?
1 ANSWER
First, the alleged probable cause necessary for the issuance of a warrant, and the evidence necessary to convict are significantly different. Unfortunately, because the arrest has occurred an aggressive defense mounted by an experienced criminal defense attorney is key. Early challenges at the preliminary hearing level of the evidence compared to the elements of this crime charged.
Second, the crime charged in this instance can be brought with "constructive possession" instead of actual physical possession. The issue at hand is "control" not whether you allegedly held the illicit substance physically in your hand.
Third, the challenges of illegal search and seizure are detail-oriented. When scouring and reviewing the state's evidence review of dispatch records, radio transmission, body camera footage, etc can be meshed together to have a complete picture of the timing and events to analyze the search and seizure issues.
Hire an experienced attorney immediately.
Answered on Jan 12th, 2022 at 6:03 AM
Christopher P. Biering, Esquire Biering Law Firm, PC www.bieringlaw.com