If I was at a party with 6-8 other people and a bag of pot was on the table when the police came in, can I be charged with possession?

Or if there was paraphernalia in the apartment, in which I did not live, but because I was the last to touch it (I put it away in the owner’s bedroom), can I be charged with possession?

Asked on March 3, 2015 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can be charged if there is probable cause to think that you possessed it. Being in the apartment--or even the room, as it appears from what you write--where the drugs were found and also touching (and presumably therefore having your fingerprints on) drug paraphernalia could easily provide sufficient probable cause to charge you. It might not be enough to convict you ultimately--though with fingerprint evidence, and if anyone tries to save themself by testifying that it's your drugs, they may well have enough--but it could certainly support being charged in the first place.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.