Can u be convicted of possession if you were in a public place of business and the drugs where found in the trash can..with these infractions #1.with the officer and only that officer said he saw you put it in the trash can. #2.there were two other people there where they found drugs and drug parphanaila..one of the persons that was present was the owner of the shop...and I was the only one arrested and charged.. When no one confessed to ownership of the findings
2 Answers from Attorneys
Sounds like you may be able to mount a defense, but you certainly could be convicted under those circumstances.
In order to be convicted of Possession the State has to prove that you "exercised dominion and control over" the contraband. If they can only prove the drugs were in the trash can and if you testify that you threw away something other than the drugs in the same can, absent placing your fingerprints on the container holding the drug(s) (if one exists) the Prosecutor may have a high burden to overcome. You should certainly hire competent and experienced counsel at once!
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