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Busted with drugs that aren't yours?

College students are among the most likely demographics to be arrested for drug possession. Whether it be marijuana, club drugs or substances students abuse for study purposes, they are all illegal and will inevitably land an individual in jail. For the most part, the safest way to keep away from a possession charge is to not have drugs. Sometimes even that is not enough, though.

If police officers find illegal drugs, their primary concern is pinning a possession charge on someone. Unless you have definitive proof that the drugs are not yours, you are likely to be one receiving the charge.

"Those aren't even mine" does not hold up

Even if you're innocent, the case against you will start being built the moment the police find the illegal substance. Unless you can point the police to the real owner, expect to be charged if they find an illegal substance in your house, car, coat et cetera. You can trust that the police hear "That isn't mine!" just about every day and are not likely to listen.

If you are arrested, the best way to advocate for yourself is to:

  • Tell the police you want a criminal defense attorney.
  • Give them your basic information, such as your name.
  • Stay nothing else. The police will most likely try to reason with you or even try to intimidate you with supposed consequences. Ignore this bluster until you can speak with your attorney.
  • Do not accept any deals before your attorney arrives.

There is always hope, no matter how bad the accusations against you may appear. A skilled attorney will do everything in their power to preserve your rights.

Types of possession

In any possession case the prosecution will need to prove that the drugs belonged to you. This gives you a bit of an edge if the substance was not actually yours. The prosecutor will try to prove one of two forms of possession, actual or constructive.

Actual possession means that the drugs were directly in your possession; for example, if police found a bag of Adderall pills in your pocket. Constructive possession means that the drugs were not on your person, but you knew about them; if the Adderall was in your car's center console, for example.

There are several strong defenses for drug possession which your attorney may use to protect you and your rights. You have a fighting chance in court if:

  • Other individuals had access to the drugs; if they were found on the living room coffee table, for example.
  • You were unaware that the drugs were there; if a friend borrowed your coat and left them in a pocket, for example.
  • The police illegally searched your property; if the police opened your backpack without asking, for example.

These are just three situations that occur every day and lead to individuals receiving unjust punishments.

If you are accused of drug possession, do the smart thing and contact a defense lawyer right away. They will do everything in their power to defend your future.

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For experienced representation in any type of criminal case, contact our firm at 919-805-3364. Initial consultations are free. Our office is conveniently located in downtown Raleigh, directly across the street from the Wake County Justice Center.

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