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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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charged with possession of class a drug and assaulting 2 police

Customer Question

charged with possession of class a drug and assaulting 2 police officers and obstructing police.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.


hi, i was charged with the posession of class a drugs and intent to supply as it was in a lot of seperate bags. the forensics came back as i told them to fingerprint it and dna it that it was not mine. no fingerprints or dna came back from it so they dropped intent to supply but taking me to court for posession as they are now saying police officer seen me throw it away in a crowded event. i also resisted arrest that night and now they are charging me aswell with assault i did not throw a punch i just wanted them off me as they where hurting my arm. sorry about all this just panicking with the drugs possession as i was depending everything on dna and fingerprints. how can you throw something away without leaving dna or prints on the object ?

Expert:  Jo C. replied 3 years ago.
The absence of DNA is treated in the same way the absence of any other form of evidence is.

The absence of evidence is not evidence of innocent. Presence of DNA proves contact of some form. The fact that your prints and DNA are not there does not prove you didn't do something. In fact, some surfaces do not hold prints well and DNA would not be expected.

Clearly they have dropped the PWITs though because they cannot show a connection and just dropped down upon the evidence of the officer who says he saw you discard these items.

The only issue is whether or not his evidence is reliable.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


i totally understand but to have this tin of some sort and plastic bags contained inside it. surely if i was in possession of all this that my fingerprints and dna would be all over it. i just cannot beleive that this is going to come down to his word against mine. magistrates court are going to beleive a police officer over a drunken man at a concert. somebody else has panicked and thown this in my direction. My life is going to be over after this i will lose my job and not be able to support my young family.

Expert:  Jo C. replied 3 years ago.
Its as I've said really on that point. The absence of DNA and prints does not prove innocence.

Magistrates do not generally call police officers liars lightly. You might get them to accept that he was mistaken, couldn't see properly etc.
Customer: replied 3 years ago.


yes i understand. i am not calling him a liar just that he has been mistaken it was me and because i have reacted badly when they arrested me. tell me this they did not take a blood sample or urine test from me to check for drugs.they only took my fingerprints and dna swab sample as normal procedure when arrested. if i tell them to take a hair follicle from myself or blood sample to prove i do not take drugs surely that would be something ?

Expert:  Jo C. replied 3 years ago.
No.

All that proves is that you have not tested positive. Random testing over a period of one month which were all negative would tend to suggest you are not using. One negative test does not prove that.

But anyway they won't do that because it doesn't go to the offence.

Mistake is the way to run this.

Customer: replied 3 years ago.


thanks again just gotta pray somebody is watching over me in this.


 


thanks for your help

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/