Being charged with more than I actually had

I was arrested for possession of drugs but I’m being
charged with more than I had. They supposedly
weighed it and are saying I had much more than
what I actually had. Because of this, I am being
charged with a higher offense. I am 100 positive I
did not have that much drugs on me even at any
point in my life. How do I prove I’m telling the truth? I
live in Arizona, by the way. Please help me out

Asked on May 24, 2016 under Criminal Law, Arizona

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a defendant, you have the right to test the sample of what was found.  You or your defense attorney needs to make a motion to have the sample officially inspected, re-weighed, and re-tested.  From there, you will know for sure how much you should be charged with.  It's possible that the police are including packaging weight, rather than just net weight, as they are doing their calculations.


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