possesion?????

[JMilan84]

I got charged with possession but didnt have anything on me? what is up with that? Is that something I will be able to get dropped easily??

 

[calatty]

You need to give more facts regarding your case if you want an answer.

 

[JMilan84]

while being interogated i admitted to having drugs earlier in the day, but they didnt find any on me. i got ratted on and thats how they knew i had drugs before, but i had already gotten rid of them. also they didnt read me my miranda rights before interrogating me... can they charge you with possession if they dont find anything on me??

 

[FKNA]

I'm no lawyer, but the way I see it, No evidence, No case.

 

[calatty]

But there is evidence. Someone told the police that you possessed drugs earlier that day and then you admitted that you had drugs. Your admission alone would not be enough (corpus delicti rule), but the snitch's testimony is corroborating evidence. There is no requirement that the police catch you in possession of the substance. There is a question whether the DA could convince the jury beyond a reasonable doubt based on that evidence. Nothing is dropped easily.

 

[JMilan84]

but i was also not read my miranda rights before interrogation, so therefore wouldnt what i admitted to be thrown out as evidence?

 

[FKNA]

Calatty...."There is a question whether the DA could convince the jury beyond a reasonable doubt based on that evidence"....That's what I mean...without any physical evidence I don't see the DA having a case.


Jmilan....did you sign anything stating you had drugs on you earlier in the day? And you're right, anything you say BEFORE being read your miranda rights cannot be used against you in a court of law.

 

[JMilan84]

no i did not sign anything. and even after the police wrote up the ticket they did not tell me i was under arrest and did not read me my rights. i dont know if that makes any difference or not, i mean do they have to arrest you if they write up a ticket?

 

[FKNA]

Let me get this straight.....you have to go to court over a possession "ticket"? If that's the case, your case just got better.

I'd like to see them "prove" your guilt over that one.

 

[JMilan84]

by ticket i mean what they write the charge up on and write your court date on it. i dont know if u understood me correctly but i jsut wanted to make that clear. thank you for your help with everything.

 

[calatty]

The police are obligated to read you your rights only if you are in custody when they interrogate you. Custody usually means arrest. You weren't under arrest since you got a ticket. I agree with FKNA that the case is weak. You should consider fighting it and making the prosecution prove its case to a jury.

 

[JMilan84]

ok thank you for the help. i already a ton of charges on my record and i dont need anymore. thanks again.