construtive possesion?

[mikbow]

What is the name of your state? florida me and my wife was pulled over for tag lite ,i was immediatly removed from car and searched , they ask if the could search the car ,we said no ,then it begin to rain ,so they asked my wife to pull car by the gas pumps so they could walk the dog around car , they said he made sign so they commence to search, the found a very minute amount of said (meth) under my seat , they asked if it was mine i said no ,but they never asked my wife ,Now im going to trial w/ an unhappy Public defender , if my wife takes the stand and admits she put it under my seat when i was taken out of car,will I have a chance in this jury trial?

 

[The Occultist]

What, exactly, were you charged with? My guess is possession, and unfortunately, ownership is not a necessary element of possession. Meaning, even if your wife confesses that she put it there, you can still be charged.

That being said, yes, there is a chance that if she confesses that it's her's and that she put it there without your knowledge that the charges against you will be dropped and she will be charged.