Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 6, 2020

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No, you are not automatically guilty of joint possession. In this case, you should consider “common” areas and “private” areas. If the drugs were hidden in the kitchen for example and only one of your roommates has a history of possessing that particular drug, you could likely be found not guilty.

If drugs were found only in your roommate’s individual room, the police may not have any evidence to charge you, and a judge would likely dismiss charges if they are filed. Police may also have exceeded the authority of the search warrant. It is always crucial to read the search warrant to be sure of the specific authority allocated to the police in their search. Did it allow them to search one area, but the drugs were found in another? Whose names are on the lease does not factor in.

If you feel you have been falsely charged with drug possession, you will need to attain competent legal representation as the consequences of a drug felony can be very serious. To contact an affordable criminal defense attorney in your state click here