Get Your Criminal Records Erased Defense Attorney Tulsa
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Are you looking for the best criminal defense attorney Tulsa has to offer? Call the Cale Law Office at 918-277-4800. Speak to attorney Stephen Cale to schedule your free initial consultation. Attorney Stephen Cale is a dedicated and experienced Tulsa criminal defense lawyer. He’s been practicing for 20 years and is a highly rated and skilled Tulsa criminal lawyer.
The defendant was charged with possession of marijuana. Jury convicted him and sentenced him to two years in prison. The trial court put him on probation and the defendant appealed. Here’s a summary the facts the case. In July, an officer executed a search warrant at the home of the defendant. They found drug paraphernalia and some marijuana under the bed and defense bedroom. The officer also found within two pounds of marijuana growing in a greenhouse behind the house. If you’ve been charged with a drug crime, you need the best criminal defense attorney Tulsa has to offer.
One of the owner submitted the marijuana was his and pled guilty to the charge of possession. He said that his wife never smoked marijuana and she did not approve of the use of possession of it. His wife did not assisting growing the marijuana. On one occasion she destroyed his plants he was growing in their backyard. He try to hide a marijuana from his wife. She did not know he was going in the greenhouse.
The defendant testified and denied knowledge of control of the marijuana. She says she did not approve of her husband’s use of it. This is called five other witnesses who testified that the defendant did not use marijuana. There simply error, the defendant contends that the evidence is not sufficient to support the verdict. The defendant did not request the trial court instruct the jury on the law circumstantial evidence. It is to refuse instructional law on circumstantial evidence concerning control over contraband. If you’ve been charged with not having a medical marijuana card, call the best criminal defense attorney Tulsa has offer.
We review the sufficiency of the evidence, the court criminal appeals must view the evidence the light most favorable to the prosecution. He will consider whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. This familiar standard cancel plates as possible in the trier of fact. It will resolve complex and testimony. A conviction based on circumstantial evidence cannot be sustained if the circumstances do not exclude every other reasonable hypothesis except that of guilt of the defendant. Hire the best Tulsa sex crimes attorney.
When the defendant is charged with unlawful possession of controlled dangerous substance, the state must meet to evidentiary requirements. First, the state must prove that the defendant exercise dominion control over the substance. Secondly, the state must prove that the defendant knew what he possessed contraband. Possession does not need to be exclusive. It to me means to exercise a demanding and control over the thing actually possessed.
The defendant found in to be in joint possession of controlled substance stay shows she was acting together with another person to possess the drug. The jury could have chosen to disbelieve all testimony of cocaine the defendant did not approve her hand possession of marijuana. However, the state must tell her do some evidence she exercise dominion control the contraband. Standard is circumstantial evidence that the defendant knew that that the presence of marijuana in the house. For example, and drug paraphernalia was in plain view of the bedroom. However, the state did not it is a scintilla circumstantial direct evidence that the defendant’s been growing or smoke marijuana. It also did not introduce evidence any other way concerning the exercise of dominion or control the contraband.
States proof is completely unclear. But the state seems to contended circumstantial evidence the defendant knew about the marijuana circumstantial evidence she control the marijuana. The court criminal appeals did not agree. Knowledge of the existence of something does not the sort test to control over it. Evidence that a finales in the bedroom was in plain view is circumstantial evidence that the defendant knew about the marijuana. For your drug charges, you need the best criminal defense attorney Tulsa has to offer.
But, it is no evidence that she control it. In one case, the Court of Criminal Appeals held that although evidence strongly suggest the defendants knew the marijuana was in the airport. It was unloaded from the airplane and evidence suggested no affirmatively to the defendants in the marijuana. It cannot be shown that to such an extended to be inferred that the exercise dominion control over it. The state did not exercise any evidence of conduct by the defendant which the she exercise control over the marijuana. The trial court instruct the jury that the defendant can be criminally responsible for the conduct of another if she was in eight or better. However, the state did not introduce a shred of evidence indicating the defendant aided or encouraged her husband in possession of marijuana.
In effect, this person needed the best criminal defense attorney Tulsa offer. The state is asking the court to infer the defendant’s size and control over the drug if she knew about it. However there is no such direct evidence concerning the same. The defendant admitted she knew her husband’s marijuana. But the state did not introduce any direct evidence that the defendant knew about the marijuana in the house or the greenhouse. Circumstantial evidence was sufficient for the jury to infer the defendant knew of the marijuana seized in the house. The jury cannot inferred the defendant knew about the marijuana when there is no evidence about it.
The jury may draw multiple inferences in the same case of the separate inferences are inferred from separate acts. When looking for the best criminal defense attorney Tulsa has offer, look at all the Google reviews that person has. In this case, you need to call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale.
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