How best to fight a possession charge?

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How best to fight a possession charge?

I was arrested and charged with unlawful possession of marijuana. When they arrested me, they did not read me my Miranda rights. And i read somewhere that if the judge does not have lab reports, he must dismiss the case is this true? If so, is it legal for me to ask the judge this question?

Asked on January 5, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way for you to defend yourself in the criminal action that you are now in is to retain a criminal defense attorney to represent you. My experience is that individuals who do not have legal representation in criminal matters typically do not fair as well in the end as those who have competent legal counsel representing them.

When your were arrested did you make any incriminating statements to law enforcement without having your rights per the Miranda decision read? If not, then you really have nothing to complaint about if your Miranda rights were not read to you.

I suggest that you do not ask the judge any legal questions in court about lab reports and the like. His or her job is not to give you legal advice. Most likely there will be lab reports presented later on showing that the material that you had in your possession was a controlled substance.


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