Question:

Ok so my dad found like 7 maybe 8 grams of my personal weed in a big unlabeled pill bottle in my dresser. It was all for me nobody else. Anyways while i was not around he turned it in to the police and told them it was mine and the cops said i can be charged with possession and could get a felony and up to i think 1.5 years in prison. So my question is since the police didn’t find it and all that happened was my dad said it was mine, can i technically be charged with possession considering the police didn’t actually find it on me and they didn’t even see my dad find it in the dresser. In my mind theres no proof that it was mine and all they have is the weed and my dads word saying that its mine. Is that enough to get charged for? Also i should add im only 17 how will this affect it also?  i havent talked to the police i didnt even know it happened until i called home how will the fact that i am a runnaway effect this. also my dad mentaly abuses me by putting me down constantly and on a few occasions has pushed me into walls and shook me, i did fight back in self defense though. can i use this to my advantage?

Answer:

First, the theory of constructive possession gives rise to probable cause to charge you with a crime. Additionally, your father is an eyewitness to the crime since he found the drugs in your dresser. Whether or not your father will be viewed as a credible witness is an issue to be determined by the trier of fact. Abuse is a mitigating factor that can be used to negotiate a better plea bargain with the prosecutor and argue for a more lenient sentence with the judge; however, it does not guarantee a better deal. Based upon the information provided, it’s best to consult with an experienced attorney to better explore your options and the resources available to juveniles. Given your age, the state has the discretion to charge you as an adult. Having worked in both the juvenile and adult court systems, I encourage you to take advantage of any resources available to you in the juvenile system to help turn your life around while you’re still young. The adult system is far less forgiving and has far fewer resources available for rehabilitation. Good luck.

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