Drug jury trial Nebraska

[Defendant123456]

If a person was found with a small amount of meth residue in their car and took their case to jury trial. At trial the defendant called a witness who claimed the meth as theirs. Would this be enough to create reasonable doubt and a acquittal? Also, could person (witness) claiming the meth as theirs be charged with possession after the trial?

 

[quincy]

If a person was found with a small amount of meth residue in their car and took their case to jury trial. At trial the defendant called a witness who claimed the meth as theirs. Would this be enough to create reasonable doubt and a acquittal?

Possibly.

Also, could person (witness) claiming the meth as theirs be charged with possession after the trial?

Yes.

 

[FlyingRon]

You need a lawyer.

There are two points here. The first is what you mean by residue. Alas, Nebraska is very restrictive when it comes to drug possession, any DETECTABLE amount including residues on containers that can be positively identified, will count as possession (this is opposed to other states that mandate some measurable amount).

The second issue is your "it's not mine defense." Alas, the courts are under no obligation to accept that even if someone else fesses up to ownership. Possession is NOT ownership. Possession is having constructive control. You didn't indicate just what the exact situation that the drugs were found and alleged to be in your possession. The details matter. Your lawyer, again, will look at the evidence and see how to proceed.