Misdemeanor Possession Charge Defense

Summary

If charged with misdemeanor possession while incapacitated, assess search legality, argue lack of personal possession, and question evidence testing. Consult a local attorney for guidance.

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If a person is served with a misdemeanor schedule two possession charge, and the person was incapacitated at time of search. The substance found was not on them personally and was not tested in front of them to prove what the officer found. What can be done in this situation? It doesn’t seem legal for this to happen.
It's important to consider the following points in this situation:
- Search Legality: Determine if the search was conducted legally, considering the person's incapacitation.
- Possession Defense: Argue that the substance was not in personal possession.
- Evidence Testing: Question the validity of the evidence if it wasn't tested in the person’s presence.
Would you like to connect with a local lawyer to explore your options further?