What to do about an unlawful criminal charge?

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What to do about an unlawful criminal charge?

My 19 year old daughter was with her boyfriend during a traffic stop. Her boyfriend had a prior paraphernalia charge, the police asked him to get out of the car he had a pin in his hand that had marijuana resin on the end of it. He dropped it to the floor before stepping out of the car. The police asked to search his car even though he told them no. They found nothing but the pin he had been holding. My daughter was holding an unopened pack of cigars and they found nothing more on her but charged her with possession of drug paraphernalia. How is this a legal lawful charge?

Asked on April 8, 2014 under Criminal Law, Ohio

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 7 years ago | Contributor

Cionstructive possessionmeans that a person had tha ability to possess the contraband.  if it was evident that she knew that there was marijuana in the vehicle, within arms reach no less, both parties can be charged with possession.  She should retain counsel. 


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