I was at a girls apartment when my wife came there and fought with me. The police were called. When they arrived they seperarted my wife and me. The police then found a prescription drug packaged in bags in the apartment. The drugs did not belong to me and I was not under arrest or present in the house any longer when the drugs were discovered. The police told the girl she would be charged because it was her apartment unless she told who the drugs belonged too. The girl said they belonged to me even though the drugs did not belong to me and i was no longer present in the home. I was then charged with possession of a controled substance with intent to sell. It is only the girls word the police are going on along with the threat of her own arrest.
2007-03-23 09:38:58 · 7 answers · asked by elmer h 1 in Politics & Government ➔ Law Enforcement & Police
They can charge you but they can't convict you on that evidence. They are trying to scare you into confessing or testifying against her.
If your name isn't on the prescription and your fingerprints aren't on the bottles or bags, they have no case against you.
Did you have a lot of cash on you? Sometimes they will try to use that as circumstantial evidence, though there is no law against carrying lots of cash. If you weren't carrying a lot of cash and they can't connect you to the drugs with any physical evidence then they will look pretty stupid trying to charge you with possession with intent to sell. And a good attorney will rip that chick's testimony to pieces.
2007-03-23 09:44:01 · answer #1 · answered by qwiff_hunter 3 · 0⤊ 0⤋
It's called constructive possession. If the police can connect you to the drugs when they are not in your physical possession, you theoretically could be charged.
However, if things are as you say, they will need more than the girl's word that the drugs belong to you. After all they were located in her residence. If they have enough to convince a judge you might be in trouble.
Hint: stay out of other women's homes (especially those that contain drugs). IF you survive the wrath of your scorned wife, you'll still have to deal with the courts.
2007-03-23 10:25:19 · answer #2 · answered by Hootiesplace 3 · 0⤊ 0⤋
Keep in mind that you are "innocent until proved guilty in a court of law". Being charged with a felony doesn't mean that you will be convicted of said felony. It is not uncommon for individuals to try to "work with" the police to identify other individuals involved with drugs in return their charges are either dropped or lowered. My suggestion would be to get yourself a good attorney at your own cost if possible. Public Defenders are great attorneys, but often overworked and underpaid. If you pay for an attorney, it will cost out of your pocket now, but hopefully in the long run pay off. If you fight this long enough and it eventually goes to trial, the female who is accusing you, her story will eventually crack and hopefully the justice system will work in your favor. Best of luck
2007-03-23 09:48:48 · answer #3 · answered by evilbandit 2 · 0⤊ 0⤋
You can be charged. If what you have said is true then you should not be convicted. But don't take it from some loser on the internet with nothing better to do than answer questions about other people's problems - GET A LAWYER!
2007-03-23 09:51:42 · answer #4 · answered by Sageandscholar 7 · 0⤊ 0⤋
if the courts can prove that it is your drugs then they will charge you with a felony because possession of a drug with an intention to sell is a felony. the best route to go is to show that it isn't yours.
2007-03-23 09:49:44 · answer #5 · answered by beau410 5 · 0⤊ 0⤋
yes - maybe not a felony but maybe a misdemer -- if u have ANYTHING to do with the connections .... someone accuses u - then yes
2007-03-23 09:42:54 · answer #6 · answered by kitkatdrama4 4 · 0⤊ 0⤋
Hell yeah
2007-03-23 09:43:15 · answer #7 · answered by RoxanneZG 3 · 0⤊ 0⤋