QUESTION
Is it possible to charge two people with possession of one drug?
Asked on Oct 18th, 2011 on Criminal Law - Georgia
More details to this question:
Is it possible to charge two people with possesion of one solid peice of crack cocaine?
27 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on Jun 07th, 2013 at 12:08 AM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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Yes.
Answered on Jun 03rd, 2013 at 12:51 AM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Yes.
Answered on Jun 03rd, 2013 at 12:51 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 03rd, 2013 at 12:50 AM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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Yes.
Answered on Jun 03rd, 2013 at 12:48 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on Jun 03rd, 2013 at 12:47 AM
Jacob P. Sartz
Yes, it is.
Answered on Jun 02nd, 2013 at 9:44 PM
Yes, two people can be charged; but, both may not be convicted. The police are claiming that the cocaine was possessed by both (joint possession). The Commonwealth must prove at trial that both parties intended to possess the cocaine. The fact that one person happened to be present when cocaine is found on another is not enough to establish joint possession. Carefully review the police report to see if there are any other facts which might suggest that the cocaine was jointly possessed.
Answered on Oct 24th, 2011 at 1:50 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Yes - see it happens often. If the crack is say sitting on the console between the driver & passenger, then both can be arrested and convicted. The question is who is in care, custody, and control of the drug. If one person tells authorities that the crack was theirs, then it is likely that the case against the other party would be dismissed - but not necessarily.
Answered on Oct 24th, 2011 at 1:31 PM
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Yes. If both are using it (handing it to each other) then each has possessed it. There are other factual scenarios that would justify both people being charged. However, just because one person is near another does not mean that person "possessed" the drug or paraphernalia.
Answered on Oct 20th, 2011 at 6:43 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It's possible I suppose. If you both possessed it at different times for example. It would just depend on the facts.
Answered on Oct 20th, 2011 at 1:23 PM
Depending on the circumstances, yes it is possible.
Answered on Oct 20th, 2011 at 1:19 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Yes, under a number of different theories. One easy theory is that of accessory. If a person is an accessory to possession, then they are just as guilty. Both could be charged and convicted. You raise a good defense which could be presented at trial and could result in a dismissal even prior to trial, depending on the circumstances. You should discuss this with the attorney you hire to represent you.
Answered on Oct 19th, 2011 at 2:05 PM
Yes, if they both possessed it.
Answered on Oct 19th, 2011 at 1:11 PM
Assault Attorney serving Richardson, TX
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Yes, we have joint possession.
Answered on Oct 19th, 2011 at 12:46 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Yes and so long as you have different lawyers they will fight about whose it really was but if you guys were together or one was the buyer and the other the seller, yes they can.
Answered on Oct 19th, 2011 at 12:35 PM
Michael J. Breczinski
Yes they could for example have it in a pipe they are sharing.
Answered on Oct 19th, 2011 at 12:12 PM
It is possible to charge two people with possession of one piece of crack cocaine. If there is a dispute as to who was in possession of the rock then it is left to the court or trial jury to determine possession. In a case such as this the police are trying to get the defendants to either roll over on each other or both to take a deal. Consult with an attorney and do not talk with anyone about this case without your attorney there with you.
Answered on Oct 18th, 2011 at 10:20 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is possible for two people to be charged with one drug possession. If the possession is the result of a sale or transfer from one person to another and the sale or transfer is witnessed by both then charges can be made to both individuals.
Answered on Oct 18th, 2011 at 7:31 PM
3 Awards
Nope, that's why they are trying to turn you against each other.
Answered on Oct 18th, 2011 at 6:32 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Yes. Two people can legally possess one thing.
Answered on Oct 18th, 2011 at 6:11 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Yes it is. The police typically do not know which of a few suspects actually own the illegal substance so they charge whoever is there and let the court figure it out.
Answered on Oct 18th, 2011 at 6:11 PM
Gary Moore
Yes. Proving the charge is another matter.
Answered on Oct 18th, 2011 at 5:52 PM
Samuel H. Harrison
Oh, yes. If the drugs are held and controlled by one person, they are in the sole possession of the drugs. If two or more people have access to the drugs and are using them, they are said tobe injoint possession. Almost anything can be jointly possessed, not just drugs.
Answered on Oct 18th, 2011 at 5:51 PM
Keeley D. Heath
It is certainly possible, although it may raise a defense. You haven't provided very many facts. If one person possessed it, and then gave it to the next person, then both people may be guilty of possessing it, simply at different times. It would be more difficult to prove if, for example, two people were riding in a car, and it is unclear who actually possessed the substance.
Answered on Oct 18th, 2011 at 5:50 PM
3 Awards
Yes - but getting the conviction may be harder. The DA has to prove that a defendant both knew about the thing and that the thing was a drug - if the drug was in a common area where both defendants were, there is a probable cause that each knew of it BUT it is possible that neither person knew of it.
Answered on Oct 18th, 2011 at 5:44 PM
Personal Injury Attorney serving Atlanta, GA
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ChancoSchiffer P.C.
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Yes, but there are several very good defenses to this set of circumstances including "Equal Access." More facts are necessary for a complete analysis, but this could be a very strong case for the defense.
Answered on Oct 18th, 2011 at 5:41 PM