QUESTION
In Hamilton County, IN. Is it true that you are guilty of marijuana possession if you are within 50 yards of the marijuana?
Asked on Oct 04th, 2012 on Criminal Law - Indiana
More details to this question:
Riding in car with 4 joints in glove box. Didn't know they were in there, they belonged to the driver who was also arrested for DWI.
1 ANSWER
Criminal Law Attorney serving South Bend, IN
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Jeffery M. Haupt Attorney at Law
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The legal theory that the prosecutor is arguing is what is called "constructive possession." What this means is that it is possible for anyone in the car to possess the marijuana, so, everyone will be charged with possessing it. Constructive possession cases are not the easiest for the State to win, you should seek the assistance of a criminal defense attorney in your county.
Answered on Oct 18th, 2012 at 8:21 AM