Can a police charge u w drug possesion when the passenger in car had drugs in his pocket in cig pack

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Can a police charge u w drug possesion when the passenger in car had drugs in his pocket in cig pack

Giving homeless man a ride got
pulled over he had drugs in cig
pak inhis pocket..i was never
searched but was put in jail
and charged w posesion

Asked on October 23, 2016 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can be charged if, under the circumstances, based on what was observed and said, there is "probable cause" (a reasonable ground) to believe that they were your drugs, and the homelesss man, for example, was just holding them for you or you had stashed them in his pocket. 
However, more evidence--a strong standard of proof--would be required to actually convict you. To be convicted, you'd have to be found guilty "beyond a reasonable doubt." It is possible that there is enough evidence to charge you and investigate further, but they may not find enough to convict.


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