QUESTION
Can I be charged for possession and intent to distribute even if I wasn't present at the crime scene?
Asked on Apr 23rd, 2013 on Criminal Law - Georgia
More details to this question:
I am being charged for possession and intent to distribute for a controlled substance even when I wasn't present on the arrest or had consent of being charged.
8 ANSWERS
Michael J. Breczinski
Yes if they have evidence that you were involved in the selling then you can be charged.
Answered on Apr 25th, 2013 at 12:12 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you are being charged, then the police evidently have enough evidence against you to have the charges filed, even though you were not present at the crime scene.
Answered on Apr 25th, 2013 at 12:06 AM
It sounds like the police got a warrant and searched your home and found drugs. There is nothing illegal about that. They can charge you for possession and intent to distribute even though you were not present at the scene and did not give consent to the search.
Answered on Apr 24th, 2013 at 3:43 PM
You can be arrested without giving your consent. Most suspects are arrested without giving consent. If the search was legal and the police have reason to believe that the items seized were yours this is a bases for an arrest.
Answered on Apr 24th, 2013 at 3:43 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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Yes. You can be charged even if you were not present at the crime scene. The police would need probable cause to believe that you played some role in the activities- possibly as an accomplice or co-conspirator.
Answered on Apr 24th, 2013 at 2:44 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I need to know the facts of your case... in particular, the charging documents.
Answered on Apr 24th, 2013 at 12:20 AM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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This sounds like a conspiracy case. A conspiracy is an agreement between various people to violate the law; so all of the co-conspirators do not have to be at the scene where the drugs that were the subject of the conspiracy were located. It is the agreement (with a few other elements) that is the crime, not the actual possession.
Answered on Apr 23rd, 2013 at 10:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The question is whether or not you can be charged, anyone can be charged. The real question is whether or not you can be convicted. At this point you should speak with no one in the Police Department or prosecutors office, or for that matter anyone at all until after you have engaged in received counsel.
Answered on Apr 23rd, 2013 at 10:31 PM