If you have been charged with possession of marijuana, which generally involves the intentional or knowing possession of marijuana, the McConnell Law Firm in Wichita, Kansas, can help.
Led by criminal defense Attorney Jonathan W. McConnell, our firm has extensive experience defending against possession of marijuana accusations and charges. In fact, we may choose to employ one of the below tactics in your defense.
(1) Illegal Stop, Detention or Search
If the evidence against you was gathered during an unconstitutional stop, detention or search, any evidence found during the search was illegally obtained and must be suppressed.
According to McConnell, such a defense could come in to play if a law enforcement officer did not have the proper amount of suspicion or evidence that a crime had been committed prior to stopping, detaining or searching you.
(2) Unwitting Possession
“If you did not know you were in possession of marijuana, the possession was unwitting,” said McConnell. “An example would be if you were asked to deliver a package and you were unaware that marijuana was in the package.”
(3) Lack of Possession
Cases in which the “dominion and control” of the marijuana is hard to prove may utilize a lack of possession defense.
For example, if you were in a car with others, you were pulled over, the car was searched, and marijuana was found in the car, it may be difficult to establish who had “dominion and control” of the marijuana. Therefore, you may be able to use a lack of possession defense.
(4) Fleeting Possession
Similar to a lack of possession defense, a fleeting possession defense focuses on whether or not you had “dominion and control” of the marijuana.
“If someone handed you a bag of marijuana that you held briefly before passing back, you likely did not have ‘dominion and control’ of the marijuana, which would mean that you simply had fleeting possession,” said McConnell.
Have You Been Charged With Possession of Marijuana?
If you are in the Wichita area and have been accused of or charged with possession of marijuana, the McConnell Law Firm would like to help. Although every case is different and no conclusions should be drawn without a legal consultation to discuss the specifics of your case, it is usually best to hire a criminal defense attorney immediately following such an accusation or charge.
Contacting the McConnell Law Firm at the beginning of a criminal investigation is best, although we can also provide assistance even after charges have been filed.
Please contact the McConnell Law Firm at (316) 243-5903 for a free consultation. We look forward to helping you!
