QUESTION
Can someone be charged with possession if another person claims it was his?
Asked on Nov 16th, 2012 on Criminal Law - Florida
More details to this question:
The house I was staying at was raided with a search warrant. There was cocaine in the house. The person it belonged to admitted it was his and wrote and signed a statement. Now, the sergeant is trying to get me to give up names of drug dealers or he said he is going to charge me. It has been a month now. I just spoke to sergeant and he said that he is giving me until December to tell him something or he is going to arrest me.
11 ANSWERS
Gary Moore
Speak to a criminal lawyer.
Answered on Apr 30th, 2013 at 3:25 AM
John J. Carney
You should have retained an attorney and not allowed the police to manipulate you. They will not be able to win the trial if the other guy admitted that the drugs were his, but the police will try to get you to tell them whatever you know.
Answered on Dec 05th, 2012 at 3:53 PM
Michael J. Breczinski
Well they can claim that more than one person possessed it . You need to get an attorney NOW.
Answered on Nov 21st, 2012 at 8:08 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 21st, 2012 at 5:52 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You should hire a lawyer! Do not speak with the police any more, period. Hire a lawyer. You should not be subjected to that treatment. You need a lawyer to protect your rights. Police love unrepresented defendants. Do not help them.
Answered on Nov 20th, 2012 at 1:52 PM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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Well, the officer can charge you but that doesn't necessarily make you guilty! You may assert your innocence, and prevail, eventually, if you were, indeed, innocent. Only you can answer that question! Did you have knowledge of the drugs being in the house and did you have access to them and did you intend to use them - if all of this is true, then you are guilty. Do not be intimidated if you are innocent, the law has protections for the innocent, and consequences for the guilty.
Answered on Nov 20th, 2012 at 12:28 PM
1 Award
Yes, you can be charged if the police have evidence that you were also a user or knew about the drugs in question. However, I would not give the officer any names. It would have the opposite effect of what the sergeant is saying. If you know the names of drug dealers, that would prove that you have bought drugs before. Do not talk to the sergeant without a lawyer present.
Answered on Nov 20th, 2012 at 4:32 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It sounds like the police officer may have some evidence that incriminates you. My advice to you, before you talk to the police, you should meet with an attorney and go over the facts of your case. Do not talk with the police until you have spoken with an attorney.
Answered on Nov 20th, 2012 at 4:30 AM
From what you have told me it would a challenge to convict you. If all the the police have is that the drug was found in your house, but another person claimed that it belonged to him, it would be a tough case for the prosecution. However, there may be some other facts that lead the police to believe that you possessed the drug. With an attorney getting in front of this charge the charge may not be brought. If you have an attorney prior to the charge being brought, you have a better chance of beating the charge.
Answered on Nov 20th, 2012 at 4:24 AM
Dennis P. Mikko
While the sergeant may arrest you, the person who would actually charge you is the prosecuting attorney. The police would forward their report to the prosecutor who would determine if any charges should be brought. The police cannot charge you with a crime. Your cooperation with the police will not guarantee that you will not be charged.
Answered on Nov 20th, 2012 at 4:19 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, the someone is probably charged with constructive possession.
Answered on Nov 20th, 2012 at 4:00 AM