Can you be arrested for talking to someone 20 feet awaywho had marijuana in their car, just because you had money in your pocket?

My 19 year-old son had a friend drop him off at store. While talking to friend right outside of store, police show up and arrest them both. The friend because they were tipped off that he had a pound of marijuana to sell which they found in his car. My son because he had $700 of his mowing money on him and was talking to the friend. Should we consult with a criminal defense attorney? In Logan County, OK.

Asked on August 1, 2010 under Criminal Law, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I would indeed consult with an attorney in your area.  That is an awful lot of money to be walking around with and the police and the prosecutor are going to try and convince a Judge and Jury that the only reason he was walking around with it was to buy pot and lo and behold, there he was talking to a dealer!  The police, though, should have waited until actual evidence presented itself or did not present itself, either to solidify the case or not to waste the taxpayers money.  What happened seems circumstantial to me and a good lawyer can make it appear what you believe it to be: an innocent coincidence.  Get help.  Good luck.

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