Legal Question in Criminal Law in North Carolina

criminal arrest

Since charges will not likely be dropped how can I get information on his case? They told because he is 21 he is considered an adult--name removed--I still pay for his care as he is a student in college. how can they charge him for a weapon and/or drugs that were not in his possesion nor was he the owner nor driver of car? I am going to look for an attorney for him asap. It is difficult being in VA and him in NC.

Asked on 11/18/08, 12:01 am

2 Answers from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: criminal arrest

Your questions should be addressed to his lawyer.

(These charges, however, quite likely arise under the legal theory of constructive possession, meaning that the contraband was close enough for the defendant to exercise dominion and control over it, although he was not in actual possession of it. Illegal drugs or a gun under a car seat would be an example.)

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11/18/08, 6:48 am
James Bullard James A. Bullard, Jr., P.C.
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Re: criminal arrest

It may be that due to the fact that the gun and/or drugs were not physically on him that the case is a weak one. It will depend on other facts and circumsstances surrounding the case. Whomever you hire as an attorney should be able to answer your questions.

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11/18/08, 2:17 pm

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