What does possession mean exactly?

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What does possession mean exactly?

Does a cop have to catch you with weed for you to be charged with a crime? or can you get arrested for posession by consumption?By the way i live in Indiana

Asked on May 4, 2009 under Criminal Law, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The answer to your question depends on the details of your arrest.  For the most part, a lawyer defending you would want to know how the police officer could prove you had consumed marijuana.  If the only thing he can say is that he saw you at a convenience store, giggling for no apparent reason while you bought seven candy bars, that is probably not going to be enough.  At the other extreme, if you blew a cloud of marijuana smoke into his face, he's got you.

Proving possession only by proof of consumption is unusual, though.  But you should also be aware that you can be charged for possession of paraphernalia, and other offenses that can be proved without actually catching you with the drugs.  And Indiana uses the doctrine of "constructive possession," where in some cases you can be convicted of possession of drugs that were more or less in your reach.

An experienced criminal attorney can give you a better idea of your chances, with all the facts.  If you need to find a lawyer, you can do that at http://attorneypages.com


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