Conyers, GA asked in Criminal Law and Civil Rights for Georgia

Q: My bf and I had the same 2 charges. He plead guilty and was convicted of both charges. They are now trying me. Can they?

It's a drug charge. He's currently in prison for the charges. I went to court this am. Offer was 3yrs and pay fine. I didn't accept it. DA said it's legal what their doing bc my bf didn't claim ownership even though he plead guilty. Does that even exist?!

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1 Lawyer Answer
Morris  Margulis
Morris Margulis
Answered
  • Criminal Law Lawyer
  • Duluth, GA
  • Licensed in Georgia

A: They can do this. It is called "joint possession". Here is a helpful summary of "possession" in the context of contraband:

"Possession of contraband may be actual or constructive. Moreover, joint constructive possession with another will sustain a conviction for possession of contraband. A person who knowingly has direct physical control over a thing at a given time is in actual possession of it. A person who, though not in actual possession, knowingly has both the power and intention at a given time to exercise dominion or control over a thing is then in constructive possession of it. The law recognizes that possession may be sole or joint. If one person alone has actual or constructive possession of a thing, possession is sole. If two or more persons shared actual or constructive possession of a thing, possession is joint."

Cochran v. State, 300 Ga. App. 92, 684 S.E.2d 136 (2009)

https://law.justia.com/cases/georgia/court-of-appeals/2009/a09a1301.html

Please feel free to contact me if you would like additional assistance with these charges.

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