Does the amount of drugs on a person matter for a intent to distribute or conspirary charge?

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Does the amount of drugs on a person matter for a intent to distribute or conspirary charge?

I was in my car with my boyfriend when we got pulled over. The police suspected that we had drugs on us. They searched me and my car but I was clean so they let me go. They said if they found anything on my boyfriend they would arrest me for conspiracy. I don’t know if my boyfriend had anything on him but if he didn’t it couldn’t have been more than a dime of crack. Can I still get in trouble?

Asked on June 20, 2009 under Criminal Law, Maryland

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Since you don't know if your boyfriend had any drugs on him I would advise you to make a call to a local criminal attorney, explain the situation and that way if anything does come to pass you are prepared.

With that being said In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement.

Although I do not know the specifics of your situation based on your lack of knowledge as to whether he even had drugs on him that means its very hard if not impossible to make a charge of conspiracy and even if they do charge you making it stick will be next to impossible without you having had knowledge of the drugs.  Regardless it may be good to be prepared and have an attorney ready for you to call if necessary. Good luck


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