28,000 people were arrested for marijuana possession last year alone. In 2011, more people were arrested for marijuana possession in New York City than for any other crime. Police are used to hearing “those aren’t mine” when arresting individuals for drugs…but what if they really aren’t yours?
Have you been unjustly arrested or falsely charged with marijuana possession? It’s a bad feeling, but the good news is that we’re here to help!
Types of Drug Possession
It’s important to understand the two main types of possession you could be charged with: actual possession and constructive possession. Actual possession refers to a charge regarding drugs found on your person. Constructive possession refers to drugs that were not on your person but that you were thought to be aware of on your property. According to HG.org Legal Resources, you could be arrested for drugs that aren’t yours, but were discovered in a car or home that is yours, even if you weren’t on the premises at the time of discovery.
If police discover illegal drugs on your property, you’ll be immediately considered a primary suspect. According to Lawyers.com, you’re likely to be charged with illegal drug possession even if you were simply riding in a car with someone who does have illegal drugs, and the police believe that you knew other the person was in possession of the drugs.
What Can You Do If You’re Falsely Accused of Marijuana Possession?
Being unjustly arrested for possessing drugs that aren’t actually yours is a complex situation, but it doesn’t mean you necessarily have to face the penalties. Remember he following plan of action:
- Don’t resist arrest
- Tell the officers that you need a lawyer
- Contact an experienced criminal legal team
- Disclose only your name and other basic personal information. Remember that you have a right to remain silent and do not have to answer any questions without the presence of an attorney.
- Say absolutely nothing else to the police – remember that even innocent people have
- received serious charges for saying something wrong. The police can sometimes use manipulative questioning tactics to pressure individuals to implicate themselves when they are not required to do so by law. You have the right to an attorney.
New York’s marijuana laws are changing, but being charged for possessing larger than 25 grams of marijuana can still considered a misdemeanor or felony charge, and possessing less than 25 grams can lead to fines and jail time. If you’re charged with possessing marijuana – whether it’s yours or not – you need a lawyer who can help you negotiate the complex litigation and legal matters pertaining to marijuana possession.
Darren DeUrso, Attorney at Law can examine the circumstances of your arrest and make sure that officers properly followed the law when searching you. While many officers work hard to protect citizens, unfortunately, some officers are subject to bias and may use racial profiling in order to search individuals without due cause. Contact our firm today to learn how our team can help protect your rights and your future!
Darren DeUrso, Attorney at Law
188 East Post Road, Suite 300
White Plains, NY 10601