Q: In Arizona criminal case my codefendant confessed to cop that they did it. Can they still prosecute me?
Dangerous Drug/ paraphernalia posession,under threshold. Co-defendant confessed to putting it in my pocket when pulled over for traffic violation. He claimed full responsibility for it 2 times, 2nd time post miranda
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A: Yes, even if your co-defendant admits to possessing any or all of the drugs, you can also be charged. There are a few different reasons why that are going to depend on your specific case. First, it could be a false confession that the evidence doesn't support. Second, you can still be in such close proximity to it that you can be charged for still being in possession. Finally, the prosecutors can say you were aiding or assisting and charge you under conspiracy. At the end of the day, you can be charged with just about anything. You need to hire a lawyer to advocate for you and try to get the prosecutor to drop your charges. You may also consider taking your case to trial to try and convince a jury that you were not in possession. Everyone's case is different and you need specific legal advice that I cannot give you online about what you should do in your case. Feel free to contact us for a free consultation.
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