Cartersville, GA asked in Criminal Law for Georgia

Q: Can someone be arrested a week later for a crime someone else is already in jail for?!?!?

Someone was arrested in my aunt's house for meth, they had it on them but once police entered the home they threw onto floor in my cousin's room. That person was arrested for prior charges and that meth charge, exactly a week later they return to my aunt's home and arrest my cousin for that very same meth charge.

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Glenn T. Stern
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Answered

A: Yes two different people could be arrested for one amount of drugs. The police only need probable cause to arrest someone, which is a very low standard of proof. Whether or not there is enough evidence to convict your cousin for possessing the meth is an entirely different matter. To do that, the state would need to prove that beyond a reasonable doubt cousin had possessed it. The fact that police initially arrested another person for the drugs your cousin is now charged with may now make convicting your cousin more difficult.

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