Chicago, IL asked in Criminal Law for Pennsylvania

Q: My friend allowed me to stay at his place .he went 2 duel diagnosis center 4 help. If he has drugs in apt am I liable?

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1 Lawyer Answer
Elena Fast
Elena Fast
  • Criminal Law Lawyer
  • New York, NY

A: New York has a legal theory called "constructive possession." Under this legal theory, everyone inside the apartment can be charged with any illegal objects or substances. While the location of the drugs may influence whether the prosecutor chooses to charge you with the crime (friend's bedroom closet is different than on the living room table in open view), you can still be charged with any illegal objects in the apartment under the constructive possession theory.

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