QUESTION

Can I go to jail if my wife has weed in the house?

Asked on Jan 12th, 2012 on Criminal Law - Texas
More details to this question:
If my wife has been using weed regularly in my house and is caught, am I liable for criminal charges, even though I was against it and I use no illegal substances myself?
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2 ANSWERS

Drug Charges Attorney serving Houston, TX at Cynthia Henley
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If she keeps it in her room, her area, hidden from you, then you are probably safe. PROBABLY. There is such thing as joint possession. If you have equal access to the dope, then you are in possession of it. I would not allow it kept anywhere around you, the car, the house, etc. And if you have kids, it could be worse than just a possession charge.
Answered on Jan 26th, 2012 at 6:15 PM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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Yes. It is in your house. Both of you can be arrested and you can fight it out in court who takes ownership. But cops could definitely come and arrest everyone in the house for possession. Hopefully she then takes responsibility and your charges are then dropped, but you will still have a charge on your record for weed for the rest of your life until you get it expunged, which is about $2k.
Answered on Jan 26th, 2012 at 6:08 PM

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