Can you be arrested just for being with someone who is carrying drugs?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can you be arrested just for being with someone who is carrying drugs?

My friend and her boyfriend were walking down the street. They went to go inside a hamburger chain and were stopped by a man in regular clothes, who stated that he was the police. In fact, he had 2 of their roommates inside in cuffs. He asked if they had anything and she handed him a bag with meth in it. She got charged with simple possession and so did her boyfriend for some reason. Why? Also, my friend didn’t go to court. She has never been in trouble before. What will happen to her?

Asked on May 28, 2011 under Criminal Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, whether you can be charged with drug possession for being with someone who has drugs (not carrying them yourself) depends on whether the authorities believe that they are your drugs, too--it is not required that every person charged with possession be physically carrying the drugs. Whether that person can be convicted will depend on the evidence--for example, will the girlfriend testify that the drugs belonged to her boyfriend, too? (Such as to seek a shorter sentence for  herself.)

What will happen to someone charged with drug possesion depends on too many factors for an easy answer: for example, the amount of drugs she is found with? The personality of the prosecutor and his (and the court's) view of drugs--lienent or not? Seeks treatments or punishment? Etc.

Anyone charged with possession should get a criminal defense attorney to represent her, to help make sure she gets the best outcome possible.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption