A recent decision of the Court of Appeals held that a defendant was wrongfully accused of possession of methamphetamines, a felony. The substance was found on a nightstand in a bedroom that the accused shared with his girlfriend.
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The District Attorney did not present any evidence to prove that the defendant knew the substance was methamphetamines. The defendant denied he knew the substance was a drug of any kind.
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The defendant was found guilty by the jury.
The Court of Appeals ruled that an accused cannot be found guilty of the crime merely because the drugs are found in a room he sleeps in. There must be evidence to proof he knew the substance was illegal.
In many cases drugs are found in a car that is occupied by a driver and many passengers. The police often arrest many or all of the occupants of the vehicle. It is very important your lawyer know the law and these recent case. It can be the difference between you being found guilty or not guilty of the crime.
If you find yourself arrested of a drug offense you need to speak to an experienced criminal defense firm who can help you protect your legal rights. Feel free to call Wallin and Klarich at 888-280-6839. We can make the difference between jail and freedom.