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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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My friend was charged with possession with the intent to distribute

Customer Question

My friend was charged with possession with the intent to distribute but the narcotics were not found on him. They were found on a busy highway , hours after he was arrested. They were discarded during a high speed chase. If his DNA is not on the bag, can he beat the charge since it was not found in is possession and cannot be linked to him by DNA.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 6 years ago.
Do you know what evidence they have linking him to the drugs? Did he make a statement to the police?

I assume that the police were chasing him and saw a baggie being thrown from the car he was in, correct?
Expert:  Legal-Guru replied 6 years ago.
Ok, I'll go ahead and assume that the evidence is just as you initially said (i.e., no confession, no DNA, no one seeing him specifically discarding the drugs, no items of dominion and control found with the drugs linking him to them) just drugs found hours later along a busy highway in the area of a high speed chase he was involved in.

If that is the case, it sounds like a very weak case for the prosecution, however, no one can say for sure that he will prevail. That will ultimately be a question for the jury.
Customer: replied 6 years ago.
Is the DNA important in this case? They have video from a squad card but it's not clear and even if the saw him throw a bag from the window, how can they be sure what they found belonged to him? The reason for this question is because his attorney isn't acting as if the DNA results are that important in the case because he intially asked for a plea deal.
Expert:  Legal-Guru replied 6 years ago.
If the DNA matches his DNA, then it is very important and very damning for him. If there is DNA they can't match up to anyone (not your friend, cops who found it, etc), then it weakens the State's case. If there is no DNA or DNA degraded to the point of not being able to develop a DNA profile, it doesn't really help your friend or the State.

Your friend will certainly have an argument that what he tossed is different than what was found, but if he testifies, he's probably going to have a hard time explaining why and what he was throwing out the window as the police were chasing him.

One other thing to consider, the plea offer may go up if the DNA comes back and matches your friend.