QUESTION
If I'm with someone who gets arrested for possession of any illegal substance, will I get in trouble too?
Asked on Jan 15th, 2013 on Criminal Law - Florida
More details to this question:
I'm just wondering if association with someone who gets arrested for illegal substances will get me arrested too. I don't ever carry anything on me so the cops won't ever find anything on me but if I'm with someone that has something on me, can they do anything to me?
10 ANSWERS
Geoffrey MacLaren Yaryan
Depends on the circumstaces. For example, if you are passenger in a car where contraband is found then both you and the driver may be charged with possession.
Answered on Jan 21st, 2013 at 1:52 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Cops have a tendency to do what ever they want and then lie about it later, so the short answer is yes, if the person with you gets caught possessing contraband, you will probably be detained, searched, even arrested. So, remain silent, admit nothing, demand a lawyer, then call me.
Answered on Jan 16th, 2013 at 2:40 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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Maybe, it depends on where the illegal substance is found. A lot of times police will arrest others but it depends on the situation. If you were in a car with another person and drugs were found in the middle of the car, the police might arrest you both. But if the drugs were found in the other person's pocket and nothing is near you, then you shouldn't be arrested for possession of anything illegal since there was nothing in your actual or constructive possession.
Answered on Jan 16th, 2013 at 2:40 PM
Michael J. Breczinski
If they think you were involved with possessing the substance then the answer is yes.
Answered on Jan 16th, 2013 at 2:39 PM
3 Awards
Unless it is on you or in a common area, like on a coffee table or between the seats of a car, you likely will not be charged. Remember, you never have to let the police search so don't. You never have to talk to the police, so don't. You should just say "I want a lawyer." Do not worry, asserting your right to a lawyer or not to consent to a search cannot be used against you in court. By the way, you are not allowed to lie to police, but you can refuse to say anything.
Answered on Jan 16th, 2013 at 2:39 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Depending on the circumstances of the stop and the arrest, they can also arrest you as an accessory or an accomplice.
Answered on Jan 16th, 2013 at 2:39 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If it is on the other person, probably not. If it is in your car or a car you are driving or near you in a car, you could be in trouble.
Answered on Jan 16th, 2013 at 2:38 PM
Thomas Edward Gates
Yes, you could be arrested.
Answered on Jan 16th, 2013 at 2:37 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It does not have to be on you in order for you to be arrested, it can merely be close to you. It could be constructive possession, and you simply should not hang around with people who illegally carry controlled substances, anywhere. Soon enough you will be charged too if you do.
Answered on Jan 16th, 2013 at 2:37 PM
If you were not in possession and not aiding a crime, then you should not be charged with anything. If the person you were with was trafficking in drugs and the police believe that you were part of the crime, you might be charged as an accessory.
Answered on Jan 16th, 2013 at 2:37 PM