QUESTION
Will a Possession of a controlled substance with no evidence hold up in court?
Asked on Dec 31st, 2012 on Criminal Law - Wyoming
More details to this question:
There is no physical evidence but the smell of marijuana and then the officer searches the person and the car. He then wrote a ticket for possession of a controlled substance.
6 ANSWERS
If a controlled substance was not taken as evidence, you cannot be convicted of possession of a controlled substance. Unless, the officer saw you in possession and can swore on the stand that he positively knows it was a controlled substance. However, a good attorney could make sure that would not stick.
Answered on Jan 09th, 2013 at 1:14 PM
Michael J. Breczinski
No they need proof there was a illegal drug that you possessed.? Fight the matter.
Answered on Jan 09th, 2013 at 7:32 AM
Gary Moore
You seem to be right.
Answered on Jan 09th, 2013 at 7:18 AM
It will if you don't have a good attorney.
Answered on Jan 09th, 2013 at 7:06 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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There is no possession of a controlled substance unless they recovered a substance. There is no "ticket" for a possession of a CS case. If it is possession of marijuana, they must have recovered marijuana - it cannot be based on smell alone.
Answered on Jan 08th, 2013 at 2:50 PM
Criminal Attorney serving Cheyenne, WY
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Law Office of Scott Powers
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That case sounds real weak and without any physical almost impossible to prove.
Answered on Jan 08th, 2013 at 2:48 PM