Must have been a full moon today…or the whole month

Court today was interesting. We had Drug Court pleas today in Jefferson County District Court. This is a program where if a Defendant qualifies for the program and completes the requirements, the charges will be dismissed against them. It is very common for people to not qualify for the program, but after negotiations with the DA, they may qualify. Today was one of those days.

I warn people that when they try to help people that they can get into trouble. For example, if a person asks you to “hold” their marijuana or drugs, you can be found guilty of Possession. Ownership is not a requirement for this charge, just possessing them. (I am sure I need to explain possession)

Possession is having the drugs or marijuana in your pockets, jacket, etc… this is ACTUAL possession. There is another type called CONSTRUCTIVE POSSESSION- This is having the ability to control the substance. For example- drugs in your car or a car you are riding in, drugs in a house or room where you are- and you have knowledge and the ability to exercise control over the drugs- this is constructive possession. Ownership is not an issue with either type of possession, which many people get confused about. It is quite often when someone comes into my office and says “The weed isn’t mine!” However, if they knew about it, or could exercise control over it, they can be found guilty. But, if the prosecution cannot prove that the person knew of the drugs, the person may be found not guilty of possession of marijuana or possession of cocaine.

Possession cases are one of the most common arrest charges in Jefferson County. When drugs are found in a car, oftentimes everyone in the car will be charged with the case. People who are arrested do not understand that