Charlotte, NC asked in Criminal Law for North Carolina

Q: Can I be charged with drugs found in a drug raid but the house is not in my name or was not found on my person

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1 Lawyer Answer

A: The short answer is yes.

To charge someone, the police only need probable cause, which is the same standard the State needs when it seeks an indictment from a grand jury. Simply put, probable cause means something is more likely than not. It's not the same as the beyond a reasonable doubt standard needed for conviction, not even close, but getting a criminal charge isn't that complicated.

As to your specific question, there are lots of ways the State could try to make a case against you. Perhaps they have a witness that says the drugs found was yours. (Maybe they have more than one.) Maybe they have a wiretap. Maybe they have evidence you bought drugs earlier that day. Maybe they have a search warrant of your social media accounts or phone that shows "drug talk." It's relatively easy to come up with hypotheticals where you could be convicted of something even if it wasn't found in your house or on your person.

If you've ever taken off a watch or your shoes or a bookbag or anything similar at someone else's house, it's still your possession even if it isn't at your home and not on your person. Drugs can be the same way. It may not be as strong a case, but don't take it lightly either.

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