More details to this question:
If a cop takes me to jail for possession of a drug and he has no evidence that he even got the drug from me because they said their cop cars have no cameras and the only evidence is the cop statement and also says I resisted arrest which is not true and have no proof they are trialing me with no evidence except the cops statement of what happen no cameras or any other proof, can I fight the case?
5 ANSWERS
The police statement is usually sufficient evidence for such a case. As a policy matter, the statement of the actual arresting officer is considered to by authenticated, and your only recourse would be to show a history of dishonesty by the police officer to discredit his or her statement.
Answered on Jul 31st, 2013 at 11:38 PM
Alexis Anne Plunkett
You can always fight the case but that doesn't mean you will win. To a jury, the officer's testimony generally holds much more weight than yours. If you were arrested for drug possession, the police should be in possession of and be able to produce the drugs you were allegedly possessing.
Answered on Jul 31st, 2013 at 11:38 PM
John J. Carney
It is impossible to access your case without speaking to you and getting all the facts.
Answered on Jul 31st, 2013 at 11:38 PM
The police officer's testimony in court is considered evidence. The police don't have to submit video evidence showing where they found the drugs. You can try and fight it, but what evidence do you have that the drugs are not yours? It's your word against the cop's word, and he has more credibility in court because he's a police officer. You should hire a criminal defense attorney to work out a plea-bargain deal to get the drug possession charge reduced to a lesser offense.
Answered on Jul 31st, 2013 at 11:38 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
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You can fight any case. If the only evidence is the officers statement, then it is possible that the officer's credibility could be impeached on the stand. The likelihood of winning would depend on many different factors. With a good attorney who potentially would go to trial on your behalf, it is very possible that the prosecutors would be willing to negotiate a better plea than what you may initially be facing. There are many factors to consider on whether a case should be taken to trial or not. You should consult with a criminal defense attorney in your area that you feel comfortable and confident with.
Answered on Jul 31st, 2013 at 11:38 PM