I was caught with my friend's drugs, what is going to happen to me?
Asked on Dec 09th, 2012 on Criminal Law - Colorado
More details to this question:
Basically I asked a friend of mine if he wanted me to hide his cannabis when the police arrived at my school, he didn't want to take it off his underwear, so I told him I'd take it and hide it, he said "not unless you put it near here". I guess I hid it a little too far, he was a bit mad and then I had to go home, so I told him I'd get it back. Well, I was on my way, picked up the drug bag from a bush and the police showed up and busted me - my friend was far away, they didn't get him. I told them it was his stuff, and I need to go to court, I think it might've surpassed the legal limit, and I don't know what's going to happen. Am I going to be charged anyway for drug possession? What if I tell the court it's his drugs? Is it my fault, since I volunteered to hide it against his will? What will happen to him, can he just deny everything? And finally, what if he admits it's his bag?
You voluntarily took possession of the drugs. That makes you guilty of possession. You should get an attorney so that maybe you can end up with a deal that leaves you with no record .
You need to hire an attorney to represent you. Yes, the prosecutor can charge you with possession because they found you with the bag. Every defendant claims the drugs don't belong to them, so that is not a new defense.
You clearly need to attorney. By taking the drugs and secreting them you are an accessory to the crime and, given the fact that you have exclusive possession of drugs, could be found guilty of possessing them. I would suggest you seek an attorney's advice immediately, and until you do, do not speak with any investigating officer.
In Colorado, possession does not mean ownership, but it means "control" or "dominion." That said, it would not really matter very much that you did not own the stuff. However, if he would admit it was his, it may help to get you a favorable plea agreement.
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