what is possession of cocaine. can you be charged with possession if the cops didn t find nothing on you.

the cops burst into my home looking for drugs. i was in the bathroom. they trash the place and they did not find anything. so they dug up the sewer and said they found small piece of cocaine. let me tell you i stay in a trailor park where the sewer is connected to everyone. so how can they charge me with possession with intent

Asked on June 29, 2009 under Criminal Law, Georgia

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Georgia, the law regarding possession in many states requires knowledge of the contraband as well as dominion and/or control over it.  Therefore, based upon the facts that you have provided, there may be probable cause to arrest you for possession; however, there may lack evidence to support the "guilt beyond a a reasonable doubt" necessary to convict in light of where and how the cocaine was found.  I suggest that you consult with and/or retain a criminal defense attorney to discuss the strength (or lack thereof) of the state's evidence as well as any and all potential defenses that may be available to you in the interest of obtaining the most favorable resolution of these charges as possible.


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