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Get help if you're accused of possessing drugs

You never expected a cop to stop you while you were walking home. You also didn't expect that they'd be with their police dog. It might have just been a coincidence, but when they were speaking with you, the dog started to alert the officer to something in your jacket.

Now with a reason to inquire, the officer asks if you have something the dog might be interested in. You say no, but as it turns out, there is a small packet of drugs in your coat pocket. You're just as surprised as they are, because you don't use drugs. Your coat has been out of your possession though, which could be a great defense for your case.

Can you defend yourself by stating that drugs found in your possession aren't yours?

The answer is: Yes. You can defend yourself if you want to claim that the drugs aren't yours. For example, if you just bought the coat off the internet and didn't wash it or look through the pockets, it could have drugs or other items inside it that you didn't know were there.

Similarly, if you dropped your coat off at a drycleaner's service or let a friend borrow it, you may be able to show that someone else had the time to put the drugs in your pocket.

How can you prove that the drugs aren't yours?

The reality is that it may be difficult to prove that the drugs aren't yours at all, but you should be able to create reasonable doubt. If there is doubt in your case, that makes it much less likely that the prosecuting attorney will want to move forward with the case, which is great for you.

What will your attorney do if you explain that the drugs aren't yours?

If you explain to your attorney exactly what happened, they will work hard to get the case dismissed or to have the charges against you lowered. They will also look for administrative issues and problems with your arrest to see if there are other ways to have the charges dropped.

If you do end up facing charges, your attorney can represent you in court and will help negotiate for a plea deal. Under the right circumstances, a plea deal could help you minimize the impact of a conviction if there is no other way to prove your innocence in the case.

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Suffolk County Defenders Association New York State Defenders Association | Founded 1967 New York State Bar Association Suffolk County Bar Association | NY 1908

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Sayville, NY 11782

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