QUESTION
Can you be charged with drug paraphernalia if someone has already claimed it?
Asked on Feb 07th, 2013 on Criminal Law - Texas
More details to this question:
My friend claimed the paraphernalia and I was still charged for it.
8 ANSWERS
Michael J. Breczinski
Yes you can if you both had it. Just like a house can be owned by two people then property like this can be possessed by two or more people.
Answered on Feb 18th, 2013 at 2:55 PM
John J. Carney
It is a question of "constructive possession" and your lawyer may be able to show that if another took responsibility that you should be exonerated.
Answered on Feb 18th, 2013 at 2:55 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The charge doesn't depend on who owns it but who has possession of it either constructive or actual possession. Even if someone else claims it as their own, if you were in possession of it and you knew you were in possession of it, then they can charge you.
Answered on Feb 07th, 2013 at 9:10 PM
Yes, this is very common. The police officers often charge everyone who had access to the paraphernalia. So, if you were in a car and the cop pulls you over and finds drug paraphernalia in the car, he charges everyone in the car with possession of drug paraphernalia. Their thinking is that you all had access to it, so it wouldn't be fair to charge just one occupant of the vehicle with possession. They know that one person will often try to take the fall for everyone else in the car, so they charge every occupant of the car with possession.
Answered on Feb 07th, 2013 at 9:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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You can be charged on probable cause, conviction requires proof beyond a reasonable doubt, get an attorney and do not speak with the authorities, or anyone else about the matter until you do.
Answered on Feb 07th, 2013 at 6:02 PM
Of course. They simply chose not to believe your friend.
Answered on Feb 07th, 2013 at 5:59 PM
Geoffrey MacLaren Yaryan
If you were in possession of it then you can be charged regardless of who actually owned it.
Answered on Feb 07th, 2013 at 5:58 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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More than one person can be in care, custody, and control of an item, and the police do not have to believe others' claims anyway. So, yes.
Answered on Feb 07th, 2013 at 5:35 PM