Charged with possesion of a controlled substance when i WAS NOT in possesion.

Get Legal Help Today

 Secured with SHA-256 Encryption

Charged with possesion of a controlled substance when i WAS NOT in possesion.

I was involved in a sting operation I went to the guys house and never exchanged hand to hand any money. Never agreed to purchase any amount of any illegal substances. And got charged with posession. How can that be when I myself never bought anything or was in possesion of anything when i was arrested.

Asked on May 11, 2009 under Criminal Law, Idaho

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can be charged for possession, and other offenses that can be proved without actually catching you with the drugs.  For example, Idaho uses the doctrine of "constructive possession," wherein you can be convicted of possession of drugs that were more or less in your reach.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If involved in a sting operation, were you in the vicinity of the drugs? Were you going there with intent to purchase? Were you being recorded?

Check out the laws concerning possession in your state and then consult with a criminal defense attorney in your state.  Try www.attorneypages.com or the Idaho state bar.

http://www3.state.id.us/cgi-bin/newidst?sctid=370270032B.K

 

http://www.legislature.idaho.gov/idstat/Title18/T18CH15.htm

 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption