Q: How can I be charged with possession of a controlled substance for something found My old room occupied by new tennants?
I was arrested and charged with procession of controlled substance. I had just moved out of a friends house and went to do a last check to make sure I got all my things. While I was there the police came in searching for a wanted fugitive that had been staying there. During the search for him they found a bong in the room I had moved out of days before. Other people had been staying in the room after I left. They’re charged everyone in the house but the homeowner. How can I be charged with something found In a home I no longer live in?
A: If you were at the location where and when the drugs were found, then the fact you were arrested is not surprising. It is similar to when police find drugs in a car and everyone who was in the car at the time is arrested. Drugs do not come with a title or certificate of ownership. The attitude of law enforcement is: Let the Judge and the DA sort it out. Call your attorney. Good luck.
Kiele Linroth Pace agrees with this answer
A: The police can charge a Golden Retriever with a crime if they want to, but it does not mean that the charges will be accepted by the prosecutor or, if accepted, that they will stick. The facts you describe raise a defense. You probably should retain a lawyer early on in your case and to see if he or she can get the prosecutor to refuse the charges.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
