Q: Two people are in a car that gets pulled over and drugs and scales are found. One person gets arrested and released with
No charges. If the other person claims the scales and some of the drugs will they both be charged with intent to distribute or will the person who got arrested have lesser charges due to the other claiming the scales and drugs
A: In this scenario, the fact that one person claims ownership of the scales and drugs does not automatically exempt the other from potential charges. In many jurisdictions, both individuals in the car could be charged with possession if they had knowledge of the drugs and scales and exercised “constructive possession.” This means that, even if one person claims ownership, the other person could still be charged if they were aware of the drugs and had access to or control over them. Scales are often associated with distribution, and prosecutors may use this as evidence of intent. If one person claims responsibility, the prosecutor may still argue that both were involved in distribution, especially if other evidence (such as text messages, cash, or baggies) suggests a joint intent. However, one person taking responsibility of the drugs/scales could be used as a tactic to reduce consequences for the other person. For example, if one person is taking full responsibility and there is weak evidence to convict the other person, the State could dismiss or reduce the charges for that person. More specifically, if the drugs/scales were found in a backpack, for example, and one person claims the backpack as theirs, the other person would be in a strong position to get their case dismissed or significantly reduce their consequences.
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