I was receiving a ticket for possession of marijuana and paraphanelia( a pipe) after being searched and found not to have any other drugs in my possession ,while one officer was writing the ticket a second officer found a small case on the ground in the vicinity of where I was outside the club in an alley way,h I told them it was not mine but the officer said it must be and opened the case and found a ripped piece of plastic with cocaine residue and then also charged me with possession of cocaine. Do I have any legal precedent to fight the possession of something found on the ground in a public place outside of a club? (this happened at Old Orchard Beach ,Maine)
Country relating to Question: United States
just happened 3 days ago
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I certainly understand your concern. The fact that the piece of plastic was not on your person and found in an alley, outside of a club, which is a public place, could certainly make it harder to prove that it belonged to you. This would not be actual possession but constructive possession. An attorney is going to want to look over the facts of the case and see if there was any legal basis to stop and search you in the first place. If there was not, the evidence found could be suppressed. They would then need to determine at what point the police were observing you and if they saw you dispose of anything, that would give them reason to believe that the piece of plastic which was discarded, came from you. As you stated above, this was found in an alley, outside of a club. Moreover, if it was used and thrown on the ground, it could have came from anyone. The attorney will want to find out where in proximity this was found in relation to where you were stopped and searched. The possession of cocaine charge is something that would be alot harder for the State to prove beyond a reasonable doubt, if the case went to trial. As such, if a plea deal could be worked out ( assuming there are no legal defenses to the poss of marijuana charge), the State may consider dropping the cocaine possession charge. In addition, the court often has a drug court program set up, to allow first time offenders to get the case dismissed. It is a treatment program and normally lasts about a year, and if successfully completed, the charges would be dropped. This is also something for the defendant to consider, depending on the evidence against them.
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7+ years defending Misdemeanor and Felony cases.
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