Willmar, MN asked in Criminal Law and Civil Rights for Minnesota

Q: What are possession laws pertaining to drug charges? Girlfriend pled guilty yet I'm still being charged when I knew noth

Nothing about the drugs. I was detained 1 block from my house before it got raided. Girlfriend already took

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: There isn't enough information here to provide an intelligent answer. An attorney would need to know more about the allegations against you to intelligently answer your question. But I would assume that you are being charged with being in constructive possession of the drugs.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Two points: 1. Criminal possession is possible by more than one person at the same time. Joint possession would mean two or more people criminally possessed at least one thing at the same time. As a result, one person being held responsible doesn't necessarily help others facing criminal possession charges for the same contraband. 2. A person cannot be guilty of criminal possession without knowledge of the contraband. Knowledge is required, before a person could be guilty of a possession crime. Prosecutors often attempt to prove knowledge with circumstantial evidence.

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