QUESTION
What should my grandson do if faced with a constructive possession charge?
Asked on Oct 23rd, 2013 on Criminal Law - Wisconsin
More details to this question:
My grandson was given a citation by a DNR officer for possesion of marijuana. He and two of his friends were parked. His friends who were in the front seat had paraphalia in the glove compartment and the driver had marijuana bag in his pocket. At the time of the encounter with the officer, my grandson was smoking a regular cigarette. He told the officer he did not have any marijuana and he was just smoking a cigarette. He can't afford to pay a lawyer up front but can make payments. He has a steady job and he has never been in trouble. He called the prosecutor's office and they said he was charged with "constructive possession". What should he do?
3 ANSWERS
Michael J. Breczinski
he should ask for a lawyer and fight the matter. If he had nothing to do with the drugs then he is NOT guilty. Constructive possession is like the owner that has drugs in a place where he has control.
Answered on Oct 25th, 2013 at 12:56 PM
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I really have a little problem believing that everyone in the car was smoking pot but him. He could go submit to a blood test to see whether he has any marijuana in his system. If clear, he can present it to the judge.
Answered on Oct 23rd, 2013 at 6:06 PM
Schedule a confidential consult with a local defense lawyer. Many lawyers will work out payments with someone who is employed, and has the ability to pay. If he can't afford a lawyer, he should see if he is eligible for a public defender. He does not need to take a conviction that will follow him around for the rest of his life just because the prosecutor says so.
Answered on Oct 23rd, 2013 at 6:01 PM