Dismissal of Drug Possession Charges
Steven Knecht recently obtained the dismissal of felony drug possession charges for his client.
During a traffic stop, police found drugs in the car’s backseat. The police arrested the back seat passenger for drug possession and allowed the driver and front seat passenger to leave. The car was owned by a fourth party.
Possession of drugs or other illegal contraband may either be actual or constructive. Actual possession occurs when a person has direct physical control over the item. To establish constructive possession, the State must show that the defendant had both the intent and the capability to maintain dominion and control over the contraband. When possession is non-exclusive, the inference of intent to maintain dominion and control over the drugs must be supported by additional circumstances pointing to the defendant’s knowledge of the nature of the controlled substances and their presence. The additional circumstances have been shown by various means, including: (1) incriminating statements made by the defendant, (2) attempted flight or furtive gestures, (3) location of substances like drugs in settings that suggest manufacturing, (4) proximity of the contraband to the defendant, (5) location of the contraband within the defendant’s plain view, and (6) the mingling of the contraband and other items owned by the defendant.
Upon notifying the prosecutor of the existence of recorded incriminating statements made by someone other than his client, charges against the backseat passenger were dismissed.
With over 34 years of handling thousands of criminal cases, clients come to Steven Knecht seeking his dependable legal advice and service. His commitment to his clients has solidified his reputation for superior representation in the area of criminal defense.
If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.