How to beat A Drug Case
4 Ways to Beat Drug Possession Charges in Court
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how do you beat a drug-possession charge
the answer to that question is coming
right up
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welcome to kiss titus law if you're new
here I'm Steve Gus Titus and this is my
channel our passion here at Gustavus law
is to create videos to help you
understand how to successfully navigate
the criminal justice system how to
manage encounters that you may have with
the police than how to defend criminal
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how do you beat drug possession charges
in court well generally there are four
typical issues that you can use to
challenge and attack the prosecutor's
case against you discuss these issues
with your criminal defense attorney to
give you the very best chance possible
to beat your drug charges in court
in all criminal prosecutions the
prosecutor must prove the identity of
the alleged offender drug possession
charges are no different in other words
the prosecutor must prove beyond a
reasonable doubt that you were the
person who possessed the contraband in
question identity issues often arise
when there is no direct evidence of who
possessed the contraband this is
especially true when there are other
people in the case that you can
potentially blame for instance another
passenger in the car where the drugs
were found or maybe one of the guests at
your party where the drugs were located
by the police in any case any reasonable
doubt about the identity of the person
possessing the contraband will lead to a
not guilty verdict from the jury
in a drug-possession case possession is
typically defined by state law usually
possession is defined as exercising care
custody control or management over the
drugs a trial if there is any reasonable
doubt about whether or not the accused
person exercised care or control over
the drugs a not guilty verdict will
follow a common application of this
offense might occur in a situation where
drugs were found in your roommates room
or maybe in a friend's car if the
prosecutor cannot prove beyond a
reasonable doubt that you had access to
the bedroom or access to the car they'll
be hard-pressed to prove to a jury that
you actually exercised care custody
control or management over the drugs
another key element in the prosecutor's
case against you is their proof of your
knowledge not only must the prosecutor
prove that you possess the drugs they
must also prove that you knowingly
possessed the drugs that they have
charged you with in court an example of
the knowledge defense might go something
like this suppose you let your friend
borrow your car to make a trip to the
grocery store along the way without your
knowledge your friend left a bag of
cocaine in your glovebox
the next day you're driving in the car
to the grocery store after you get
stopped by the police for speeding
you mistakingly give the police
permission to search your car they find
the cocaine in your glovebox and they
arrest you for cocaine possession now
even though you exercised care custody
control and management over the cocaine
in your glovebox your lack of knowledge
would be a legitimate defense to
prosecution in that type of situation
and lastly even if the prosecutor can
prove beyond a reasonable doubt that you
knowingly exercise care custody control
or management over the drugs if those
drugs were seized as evidence in
violation of your Fourth Amendment
rights that evidence will not be
admissible in court and you will win
nevertheless in general if the police
illegally detain you if they search
without probable cause if they search
without your valid and voluntary consent
or if they search without a valid search
warrant any evidence they seize as a
result will not be admissible in court
that's the beauty of our United States
Constitution and our Bill of Rights if
you're interested in any of our videos
or playlists about your Fourth Amendment
search and seizure rights I've added a
link above for you to access at your
leisure do you have any questions do you
have any comments about beating a drug
possession charge if you do have those
down in the comment section below and
I'll be happy to answer those questions
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