Transcription Return back to Drug Crimes
The requirement for possession is there has to be some control over the actual item and in the State of New York there’s actually a defense, it’s called temporary innocent possession, and that’s where a person does have control of the drugs or of the illegal item but only for a very short period of time and it can be a defense. You have to exercise what’s typically phrased as control and dominion over the item. It’s not just a person has controlled the item for a few seconds or a few minutes, but that the person actually, I suppose generally speaking to think of an ownership of the item.
Burden of proof for that is the same as it’s always in criminal law, it’s beyond reasonable doubt. The government has to prove the beyond reasonable doubt. In New York State, if you argue that there was a temporary possession, temporary innocent possession of the illegal item, the government has to prove beyond reasonable doubt that defense is not viable, should not be believed by the jury.
If you are looking for a New York drug crime attorney, Paul D. Petrus Jr. can help you with his extensive experience in a variety of criminal areas. Mr. Petrus works in federal and state courts.