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