Can my husband be charged just because someone arrested acuses him?

UPDATED: Oct 1, 2022

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Can my husband be charged just because someone arrested acuses him?

My husband is in a basketball league which he use to go to every Tuesday. There he met his friend owner of a business. We became close he has 3 children and my husband and I have 4. After basketball every Tuesday they use to get together at a restaurant for food and drinks. My husband’s friend left his book bag in my husbands car they went had a couple drinks and my husband left with his friends bag in the car. That Thursday my husbands went to take his friend his belongings his book bag. They greeted each other and my husband handed him his book bag. As he was ready to leave on what he thought was a normal day, he got arrested by DEA agents along with his friend. Once investigated, he ask why he was arrested he was told for drug possession and trafficking. His friend apparently had 1 kilo of heroin in his bag and had made and arrangements with an undercover agent to sell him this. He had already sold to the undercover agent before. Upon arrest my husband’s friend blamed him for being the supplier, something which of course my husband denied. At the preliminary hearing, they showed a picture of my husband giving his friend his backpack but my husband insisted that he did not know what was in there. In custody, my husband received a letter from his friend that stated he will tell the truth and not get him involved in something he had no knowledge of and that he will be with his family soon. My husband was already indicted and when i asked about his bail hearing, I was told that he might not get bail because he is not a U.S. citizen; he is a lawful permanent resident My husband has no criminal record and is a homeowner, great father and was working decently as a mechanic. We regularly went to church. How is it possible that someone can just blame you because they get busted and you simply do them a favor since you thought you were friends. Can he be charged of a crime even though he had no knowledge of the drugs?

Asked on April 9, 2019 under Criminal Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

To charge someone with a crime only requires "probable cause": that is, enough and strong enough evidence to think that it is more likely than not the person committed the crime. Your husband having the drugs in his possession coupled with his "friend's" testimony meets that standard. It may not be enough to convict, since conviction requires much stronger evidence, "beyond a reasonable doubt," and if your husband's story is credible and the "friend's" character and truthfulness in doubt, there may not be enough to convict. But that said, there is certainly a chance he could be convicted, and there was more than enough to charge. Your husband needs to retain an experienced criminal defense attorney to help him.

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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