Can I be charged for prcession of drugs that the police found on someone else?

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Can I be charged for prcession of drugs that the police found on someone else?

A friend was searched by officers and
they found drugs on her. She went to
jail and days later I was charged with
the drugs they found on her. She plead
guilty to all drug charges because it
was her stuff. Can these charges
against me be dismissed?

Asked on December 15, 2016 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can be charged with possession if the drugs were found on someone else: "possession" also means owning the drugs, not just physically holding them at the time, so if there is credible evidence or testimony that the drugs were yours, you could be charged. And the fact that your friend pled guilty does not mean that the drugs may not also have been yours: more than one person can possess or own drugs (e.g. maybe you bought them together). Her plea can *help* you get your charge dismissed, with the authorities are satisfied the drugs were hers, not yours, but does not guaranty it. Retain an attorney to help you: an experienced criminal defense lawyer will know how to best use the plea, undercut any claims the other person made that implicated you (if any), possibly exclude any improperly obtained evidence, etc.


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