I was pulled over and charged with possession. My wife packed my car and kicked me out. Can that be an actual defense? 11 Answers as of September 09, 2013

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Possession has to be a "knowing " possession. It could be a defense if she is willing to testify, your word will not hold much credibility at trial.
Answer Applies to: New York
Replied: 9/9/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
You are guilty of possession of drugs only if you exercise some control over the substance you allegedly possessed. You must have knowledge of it presence in order to do that.
Answer Applies to: California
Replied: 9/9/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Possession of what? I need to know all the details in order to give an opinion.
Answer Applies to: Michigan
Replied: 9/6/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Absolutely, unless she is going to say that she packed your drugs.
Answer Applies to: Massachusetts
Replied: 9/5/2013
Yeargan & Yarrough, L.L.C. | Michael D. Barber, Jr.
Which possession were you charged with? Marijuana?
Answer Applies to: Georgia
Replied: 9/6/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Nope, because nobody will believe you.
    Answer Applies to: California
    Replied: 9/5/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    A defense, yes. An actual defense, no. Wife packed the car, and then police stopped you pursuant to a traffic offense. You were charged with possession as a result of wife putting drugs into your vehicle, and setting you up to go to prison. Interesting. Either you picked an asshole to marry, or you turned her into an asshole. Which one is it?
    Answer Applies to: Georgia
    Replied: 9/5/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Yes, you need to know that you are in possession to be convicted. It is not an affirmative defense, rather an inability of the state to prove a necessary element of its case.
    Answer Applies to: Minnesota
    Replied: 9/5/2013
    Gates' Law, PLLC | Thomas E. Gates
    Hard to sell, but a defense none the less. What was the basis for the stop? They needed probable cause to do so.
    Answer Applies to: Washington
    Replied: 9/5/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    You can argue that, but if you can't prove that she did it, you will lose. I suggest that you hire a criminal defense attorney to represent you.
    Answer Applies to: Missouri
    Replied: 9/5/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    If you didn't know the stuff was there it is.
    Answer Applies to: California
    Replied: 9/5/2013
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