In many drug arrest cases in Buffalo, police don’t only take the person in possession into custody, but also the people in a car or home as well.
Under NY PL 220.25, police are allowed to make the presumption that, under certain circumstances, other people near controlled substances or a person in possession of controlled substances knew that they were there, and are exercising constructive possession on their own.
If you were in a private vehicle that was stopped and controlled substances were found in the glove compartment or an open area of the vehicle, you can be charged with Criminal Possession of a Controlled Substance, even if the drugs weren’t specifically yours.
If the drugs were concealed on one person’s body, then the presumption can be challenged.
Similarly, if you are in a private home where narcotics, marijuana, or PCP are in open view and being packaged for sale, you are presumed to be aware of the existence of the drugs, their purpose, and can be charged with Criminal Possession of a Controlled Substance at whatever level the type and quantity of drugs warrants.
It’s a mistake to think that just because your friends are into something that you aren’t, that you won’t be arrested and possibly go to jail.
It’s vital that you take these charges very seriously, because not using or selling drugs isn’t a defense in cases like this.
Call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 for a legal consultation with an experienced Buffalo criminal possession of a controlled substance; presumption defense lawyer.