Criminal Defense
Joint Constructive Possession of Drugs
September 27 2009
The police arrested me because I was sitting closest to the pot, and it wasn’t even mine! Can they do that?
It happens all the time. A police officer pulls over a car for a traffic violation. The officer might see some contraband (drugs, etc.) in plain sight. Or the officer might request permission to search the car, and the driver is so scared that he gives permission, and then the police officer finds some contraband (drugs, etc.) in the glove compartment, under the seat, etc.
Then the police officer asks who is the owner of the contraband (drugs, etc.). No one answers. Then the police officer arrested the person who was sitting closest to the contraband (drugs, etc.), or sometimes the police officer will arrest the owner/driver of the vehicle.
So, the question is: Is that right? Is that fair? And more importantly, will that arrest “hold up” in court. The answer is complicated. Read More...
It happens all the time. A police officer pulls over a car for a traffic violation. The officer might see some contraband (drugs, etc.) in plain sight. Or the officer might request permission to search the car, and the driver is so scared that he gives permission, and then the police officer finds some contraband (drugs, etc.) in the glove compartment, under the seat, etc.
Then the police officer asks who is the owner of the contraband (drugs, etc.). No one answers. Then the police officer arrested the person who was sitting closest to the contraband (drugs, etc.), or sometimes the police officer will arrest the owner/driver of the vehicle.
So, the question is: Is that right? Is that fair? And more importantly, will that arrest “hold up” in court. The answer is complicated. Read More...
So, What is Pre Trial Intervention?
September 07 2009
The Pre Trial Intervention Program, commonly referred to as "PTI" or the "PTI program," is a diversion program. It is a program that allows some first time felony offenders to avoid the extremely harsh and draconian penalties that come with a felony conviction. The Office of the State Attorney (the prosecutor's office) has complete control to determine which Defendants are allowed into the PTI program, and which defendants are kept out. Upon successful completion of the PTI program, the the Office of the State Attorney (the prosecutor's office) will dismiss the charges. At this point, the Defendant has avoided being labelled a "convicted felon" and may be eligible to have his or her criminal record expunged. Read More...
