It’s very easy to get charged with a drug crime, even if the drugs found were not yours and you didn’t even know they were in the place you were staying, or in a car that you just happened to be in. We often hear a client charged with a controlled substance crime tell us “the drugs were not even mine” or “I was just in the car.” The police didn’t believe that story, and the prosecutor won’t either. They presume you’re a criminal. Clients and less experienced lawyers often just given this explanation, and then give in to a guilty plea when the prosecutor doesn’t dismiss it. That’s because the prosecutor relies on a thing called “constructive possession”, which basically is a legal theory that says you possess the drugs that are anywhere near you or your other belongings. It takes a stubborn, aggressive, hard working lawyer who is willing to try a case to a jury to get a case like that dismissed.
One way to fight back is to hire an experienced criminal defense attorney with a reputation for taking cases to trial-and winning. Recently, our criminal lawyer, Alex De Marco, secured a dismissal of controlled substance charges. Alex’s experience with drug crime cases was critical in obtaining this victory. Client was accused of possessing cocaine in her home after a baggie with residue was found by police during a “welfare check” for her safety, after a neighbor expressed concern she was suicidal. Alex’s investigation showed that her friends were the ones in possession of the drugs and that they had simply left the drugs behind. Alex then established that his client not only did not use drugs, but also could not have known about the drugs left at the client’s home. In the beginning of the case, the prosecutor dismissed the client’s story as just a common excuse. By the end of the case, the prosecutor dismissed the charges a week before trial. That’s the difference a good lawyer makes.
The state will play hardball, but a good defense attorney with a reputation for going to trial will be able to put pressure on the state. Contact The Law Office of Alex DeMarco to speak with Alex De Marco, a Minnesota Criminal Defense Attorney serving Minneapolis, St. Paul, Lakeville, Burnsville, Apple Valley, Woodbury, Dakota County, Washington County, Scott County and surrounding areas.