If the police found ingredients to cook meth in my basement but it isn’t mine, can they charge me with it?

Asked on September 15, 2013 under Criminal Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

They can definitely charge you with it. Because it is in your basement, it is reasonable to believe that it is yours--and that's enough to charge. To convict you, they would have to be able to prove that these ingredients belonged to you "beyond a reasonable doubt," which is high standard of proof--but it's certainly not impossible to meet that standard in this case, especially if you cannot offer some good explanation (e.g. name who this belonged to; and explain in a convincing way why it's in your basement) for the materials' presence. You should retain a criminal defense attorney.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

They can definitely charge you with it. Because it is in your basement, it is reasonable to believe that it is yours--and that's enough to charge. To convict you, they would have to be able to prove that these ingredients belonged to you "beyond a reasonable doubt," which is high standard of proof--but it's certainly not impossible to meet that standard in this case, especially if you cannot offer some good explanation (e.g. name who this belonged to; and explain in a convincing way why it's in your basement) for the materials' presence. You should retain a criminal defense attorney.


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