David Griffin is an experienced criminal defense attorney who knows CT drug laws.
Possession of Marijuana, Under 21 Years of Age.
Connecticut recently changed its laws so that small amounts of Marijuana have become an infraction. However, if you are under the age of 21 and receive an infraction for Possession of Marijuana, DO NOT PAY THE TICKET. PLEAD NOT GUILTY. Then call our offices for representation. Most people do not realize that if you are under the age of 21 and receive an infraction ticket for possession of marijuana, your drivers license will be suspended if you pay the ticket. You must fight the ticket in court in order to save your driving privileges.
If you find that you have paid the ticket, and received a notice from the Department of Motor Vehicles that your license suspended, contact our office immediately. There may be ways to reopen the ticket, and undo the suspension imposed by DMV. But you must act quickly, otherwise you may be prohibited from being able to reopen the infraction.
Possession of Narcotics.
Possession, manufacturing, trafficking and sale of narcotics is a felony in the state of Connecticut. There is an epidemic of overdoses in the state of Connecticut, as well as many other states. As such, the Connecticut criminal justice system has begun to take a harsher position in drug cases. Especially if the drugs are laced with Fentanyl. Just being arrested for sale of narcotic does not necessarily mean one must be incarcerated for years and years. Our office has handled countless narcotic sale cases where jail time has been avoided. There are a multitude of issues that arise in Possession with intent to sell, or sale of narcotics, cases in Connecticut. If a person is arrested for sale of narcotics, there is usually a confidential informant who has made buys for the police. The informant is usually a drug addicted criminal him/herself and is trying to figure out a way to stay out of jail. The police sometimes offer this person the opportunity to work with them to set up their dealer. The informant is then sent to buy while cooperating with the police. The name of the informant need not be legally disclosed to the defense except under very limited circumstances.
What is Possession of Narcotics?
In Connecticut there are two ways a person can “possess” narcotics – actual possession or constructive possession.
Actual possession is when, for example, someone has narcotics in his/her pocket, sock, underwear or hand.
Constructive Possession is when a person does not necessarily have the narcotics on his person but has control of the narcotics. For example, if a person has the narcotics in his home, but he is not at home.
The intent requirement for Possession of Narcotics
A person can only be convicted of possession of narcotic if that person knows that the substance they are in possession of is in fact narcotics. I
Or the person may have the narcotics in his car, but is not in the car. The person has narcotics in a cup on a sidewalk but is not near the cup. Actual possession of narcotics cases are the easiest to prove for prosecutors because there person has been caught “red handed.” Constructive possession is more problematic for Connecticut Prosecutors since although the drugs are in a certain place it must still be proved beyond a reasonable doubt that the accused actually had control over the narcotics. It is not enough to show some tenuous connection to the narcotics, they must show that a particular person had control over the narcotics, and knew the items discovered by the police were in fact narcotics.
At the David Griffin Law Firm, we have defended countless individuals in drug related matters. Experience is crucial in defending someone accused of a drug offense. We are an experienced law office who know how to defend the simplest and most complicated drug cases.
If you have been arrested on a drug related offense you should hire an experienced Connecticut Criminal Defense Attorney who knows the local practice of the prosecutors.