October 17, 2008, 14:56
IBaileyCan I make this case (drug possession)?
I have the following facts ... home owner has just filled prescrition for 400 pills of clonazapine. Juvenlie found in house, intoxicated, blood test indicates high level of intoxication on same drug, drugs are no longer in the pill bottle, no one else took pills or had access to the pills between purchase and finding the kid intoxicated. Kid admits to several people that he took the pills.
Can I prove possession of controlled substance under these circumstances without the pills?
Thoughts? Case cites?
Thanks!
October 17, 2008, 15:52
JBEver heard the story about the empty cookie jar and the kid with crumbs around his mouth?
October 17, 2008, 16:00
IBaileyJB -- THat's my theory, but my judge usually wants external validation from a court of record or the legislature to tell him we are authorized to get a conviction ...
October 18, 2008, 11:20
JBNot your judge's business to tell you how to prove your case, especially BEFORE trial.