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Constructive possession... why am I getting charged?

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  • Constructive possession... why am I getting charged?

    I'm 17 and I just got a constructive possesion charge, my friends and I rented two cabins when the police came I was in one cabin with no illegal substances by myself and blew a .00 in the breathalyzer. If everyone else was outside and all the illegal substances were in the other cabin why am I getting charged ? And also is a reasonable idea to try and fight it in court ?

  • #2
    re: Constructive possession... why am I getting charged?

    Probably because you and your friends rented the place. That makers you legally responsible for what goes on in there - even in a different room. Your place, your rental contract, your guests = your legal responsibility for what happens.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      re: Constructive possession... why am I getting charged?

      I wish to inform you that if a person does not have actual possession, but has the power to control an asset, that person has constructive possession. You may conduct Discovery to gain information which can help support your view point. You can inform the court that you were alone in your cabin and blew a .00 in the breathalyzer. You had neither any knowledge or control over the goings on outside. You may provide testimonials about your character from social workers, priests, friends, etc. The burden of proof will be on the other party to prove the allegations made against you. The court will consider all the facts and decide the matter.

      AFF

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      • #4
        Originally posted by AFFA View Post
        I wish to inform you that if a person does not have actual possession, but has the power to control an asset, that person has constructive possession. You may conduct Discovery to gain information which can help support your view point. You can inform the court that you were alone in your cabin and blew a .00 in the breathalyzer. You had neither any knowledge or control over the goings on outside. You may provide testimonials about your character from social workers, priests, friends, etc. The burden of proof will be on the other party to prove the allegations made against you. The court will consider all the facts and decide the matter.

        AFF
        OP was charged with constructive possession because they didn't have actual possession, but had, or reasonably SHOULD have had, control over the situation. That was kind of the point.

        They accepted liability for their guests' actions on paper. Not much they can use to get around that, except maybe the fact that they were a minor who entered into a potentially unenforceable contract. Of course, that would shift responsibility to the other adult signatories or possibly their parent. Definitely something to mention to their attorney as a possible defense, unless they were legally emancipated at the time of the incident.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

        Comment


        • #5
          Re: Constructive possession... why am I getting charged?

          Originally posted by HarryWill View Post
          I'm 17 and I just got a constructive possesion charge, my friends and I rented two cabins when the police came I was in one cabin with no illegal substances by myself and blew a .00 in the breathalyzer. If everyone else was outside and all the illegal substances were in the other cabin why am I getting charged ? And also is a reasonable idea to try and fight it in court ?
          Yes, it is reasonable to try to fight it in court. You are facing a criminal count and potential record, so retaining a criminal defense lawyer is what you need to do. Trying to fight a criminal charge as a novice, the accused, is a recipe for a sentence.

          Comment


          • #6
            Originally posted by sandyclaus View Post
            Probably because you and your friends rented the place. That makers you legally responsible for what goes on in there - even in a different room. Your place, your rental contract, your guests = your legal responsibility for what happens.
            What if I had no connection with the rental contract, the only name on the lease was an 18 year old girl present in the other cabin.

            Comment


            • #7
              Re: Constructive possession... why am I getting charged?

              Originally posted by HarryWill View Post
              What if I had no connection with the rental contract, the only name on the lease was an 18 year old girl present in the other cabin.
              If you appeared to be in charge, they can still hold you responsible for the actions of your guests and invitees.

              You really need to be discussing this with your attorney.
              "If it ain't in writing, it never happened."
              "A lack of planning on your part does not constitute an emergency on my part."
              "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

              Comment


              • #8
                Re: Constructive possession... why am I getting charged?

                I was the driver to my husbands expodition who is in the army and a purse was in the back seat with a controlled substance who belonged to my friend i dropped her off at the club he left the three passengers in the vehicle alone for five mins before returning to search and question them n when he found the purse behind the driver seat took it back to his car n searched it in his car askin me whos it was while searching and since my lil wallet that i had ripped so i put my papers n credit cards in the purse all i had was a wallet cuz my purse was with a detective pending investagation for kidnapping neways i got pulled over n asked for my name i gave my sisters cuz i had warrants n was arrested for failure to id and charged with the purse they found in the back seat of the expodition ive been charged n took a plea on the day of docket call n had no time to think bout it i was told i wouldnt win so i took it n when i went to pick up the purse they found the drugs in i was told it was booked under my sisters name who wasnt even in the vehicle then n i was wondering if i couls fight it since it isny in my name..they r claiming its mine but its not in my name how is that rational?

                Comment


                • #9
                  Re: Constructive possession... why am I getting charged?

                  That was all one sentence. Nothing rational there. Please break this into some halfway grammatically correct chronology so that we might follow your train of information.

                  Comment


                  • #10
                    Re: Constructive possession... why am I getting charged?

                    Originally posted by qmuneka View Post
                    I was the driver to my husbands expodition who is in the army and a purse was in the back seat with a controlled substance who belonged to my friend i dropped her off at the club he left the three passengers in the vehicle alone for five mins before returning to search and question them n when he found the purse behind the driver seat took it back to his car n searched it in his car askin me whos it was while searching and since my lil wallet that i had ripped so i put my papers n credit cards in the purse all i had was a wallet cuz my purse was with a detective pending investagation for kidnapping neways i got pulled over n asked for my name i gave my sisters cuz i had warrants n was arrested for failure to id and charged with the purse they found in the back seat of the expodition ive been charged n took a plea on the day of docket call n had no time to think bout it i was told i wouldnt win so i took it n when i went to pick up the purse they found the drugs in i was told it was booked under my sisters name who wasnt even in the vehicle then n i was wondering if i couls fight it since it isny in my name..they r claiming its mine but its not in my name how is that rational?
                    Um... NO.

                    The drugs were found in a vehicle over which you had control. Since you were willing to lie about who you were, the police obviously didn't believe you when you said the drugs weren't yours, either.

                    Get a lawyer. (And an education. Your spelling, grammar, and punctuation are atrocious.)
                    "If it ain't in writing, it never happened."
                    "A lack of planning on your part does not constitute an emergency on my part."
                    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                    Comment


                    • #11
                      Re: Constructive possession... why am I getting charged?

                      Girl!!!! You are soooooo busted!!!! You are going toooooo jaiiiillllll!!! Oh, based on statute, you are guilty as charged by the way.



                      Originally posted by qmuneka View Post
                      I was the driver to my husbands expodition who is in the army and a purse was in the back seat with a controlled substance who belonged to my friend i dropped her off at the club he left the three passengers in the vehicle alone for five mins before returning to search and question them n when he found the purse behind the driver seat took it back to his car n searched it in his car askin me whos it was while searching and since my lil wallet that i had ripped so i put my papers n credit cards in the purse all i had was a wallet cuz my purse was with a detective pending investagation for kidnapping neways i got pulled over n asked for my name i gave my sisters cuz i had warrants n was arrested for failure to id and charged with the purse they found in the back seat of the expodition ive been charged n took a plea on the day of docket call n had no time to think bout it i was told i wouldnt win so i took it n when i went to pick up the purse they found the drugs in i was told it was booked under my sisters name who wasnt even in the vehicle then n i was wondering if i couls fight it since it isny in my name..they r claiming its mine but its not in my name how is that rational?
                      Due to a recent promotion, I should now be referred to as Major Obvious.

                      I would not be trying to provide information and knowledge if I did not sympathize.

                      Some days it is just not worth chewing through the restraints to face life.

                      Comment

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