Can a police put a case on me if I’m not in possession of a drug

UPDATED: Sep 30, 2022

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Can a police put a case on me if I’m not in possession of a drug

I got took to jail for a gun that
wasn’t mine and after being in
jail for two hours they came to
the jail with a person that I was
with and said that they found some
drugs so they have to put it in
both of us.

Asked on September 10, 2016 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Evidence is needed to charge you with a crime, and yet more evidence (proof "beyond a reasonable doubt") is needed to actually convict you. But that evidence can come from another person's testimony, even another accused, so if the  person that you were with had drugs and said that some were yours, or you helped him buy the drugs or gave him the money for drugs, or would join with him in selling the drugs, if that testimony is credible (believable), that can be enough to charge and possibly even convict.

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 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.

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