Criminal Possession of a Controlled Substance

Drug possession cases can range from the non-criminal violation, such as the simple possession of a small amount of marijuana, to a Class B felony. Generally, the severity of the charge will depend on the type and amount of drug possessed. A high percentage of drug cases involve the seizure by police of drugs inside homes and automobiles. Often, these homes and automobiles are occupied by more than one person at the time of the seizure, and the seized drugs are not found on a person's body. Unless one of the persons inside the vehicle or home takes responsibility for the drugs, the police will usually arrest everyone and let the prosecutor and court sort out the guilty party or parties. Under most state laws, you can be charged with drug possession not only for having drugs in your possession but also for drugs that exist inside a home or vehicle you are occupying. When drugs are not found on a person's body but, rather, inside a vehicle or home in which you and at least one other person occupy, there exists a presumption that the drugs belong to every person inside the vehicle or home. This presumption can be overcome with evidence demonstrating that the drugs did not belong to you or that the drugs belonged to another person. Many of the cases I have defended involved situations where a passenger of a vehicle occupied by my client had hidden drugs inside the vehicle, such as a glovebox before the vehicle was pulled over by the police. Even though my client was completely unaware of the drugs, he or she was charged nonetheless. If the case proceeds to trial, a jury will be read this presumption rule and can usually choose to use or ignore the rule. However, oftentimes, juries have a difficult time understanding that they are not obligated to presume that every occupant of the home or vehicle possessed the drugs at issue, resulting in unwarranted convictions. Thus, if you are charged with possessing drugs in a case where the presumption rule applies, your attorney must pay close attention to the exact language of the charge and definitions read to the jury before deliberations begin. Further, your attorney should specifically request that the judge explains to the jury that there is no requirement that they presume possession. It is important to note that the presumption rule may or may not apply depending on the state in which you are charged. Your attorney should be familiar with all of the applicable rules and laws. If you are charged with criminal possession of gun and drugs in louisiana or other drug possession charge and need an attorney, contact the Carl Barkemeyer Law Firm.