Charlotte, NC asked in Criminal Law for Alabama

Q: Can 2 both be charged with drug trafficking if no one claims the it while both in the same car

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1 Lawyer Answer
Travis T Juneau
Travis T Juneau
  • Criminal Law Lawyer
  • Tuscaloosa, AL
  • Licensed in Alabama

A: The short answer is yes, both can be charged with one quantity of narcotics even if one claims the narcotics as their own. Under the rules on "constructive possession" a person needs only to have knowledge and an intent to exert dominion or control over the narcotics to be convicted of possession. This means that even if the drugs were in the other person's pocket, if the second person knew they were there and was going to profit off of their sale, use them, or have them in the future, they can both be guilty of possession or trafficiking dependant on the weight of the narcotics.

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