Q: Can my fiancé be charged if unaware of friend's possession of drugs?
My fiancé was pulled over, and her friend had 200 grams of heroin/fentanyl, which my fiancé was unaware of. She agreed to help the police catch the dealer, but the police arrested a runner instead of the dealer. Now, they want to charge my fiancé with possession of 100 grams, even though she had nothing on her. Can they charge her despite their mistakes?
A: Yes. The state can charge anyone with possession if they were around or near the drugs. Constructive possession means having access or control of a substance. If someone is arrested does not mean that they are guilty. A person arrested does not mean that they will be convicted. It is important that if arrest a person should remain silent and seek a lawyer.
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