QUESTION
My son-in-law and his brother and mother who was in the backseat. They got pulled over in will county,il and my son-in-law who had a warrant for
Asked on Oct 08th, 2013 on Drug Crimes - Illinois
More details to this question:
missin probation exited the car when they turned a corner to pull over. His brother who was driving with no license or insurance and also on parole had heroin on him. The mother who was in the backseat had paraphanelia, pipes, needles etc. She also had crack cocaine on her. But my son-in-law who had nothing is being charged with the drugs his mother had. how is that possible
1 ANSWER
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There are many ways in which this is possible. For example, if your son-in-law said that he had just smoked the crack cocaine with Mom, then he could be considered to have "constructive possession" of the crack cocaine. Just because it was not on him at the exact time he got arrested did not mean he can't be charged with it. Here is a classic example: Drug dealer gives patsy 1 kilo of cocaine. Drug dealer can still be charged with possessing the cocaine, and distributing the cocaine, even though patsy is the one arrested for it.
Answered on Oct 13th, 2013 at 7:53 PM