Can I be charged of drug possession if my friend took the blame for me? - Criminal Law Questions and Answers- LawQA.com

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Can I be charged of drug possession if my friend took the blame for me?

My friends and I were riding around and the driver ran a red light. There was weed in the car in my possession. The police pulled us over and smelled it in the car. My friend took the blame even though it was in my possession and was arrested and charged. The police never took any of my information and I don't live in the state. Can I still be charged?

Anderson Law Office
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If it was in your possession, yes.

Answer Applies to: Minnesota
Replied: 9/28/2011

Answer By Jared Austin
Austin Legal Services, PLC
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Possibly. Why would a friend take the blame for something you did and subject himself to criminal prosecution and face possible jail time and numerous fines and costs? Once he realizes that, he may change his tune and rightfully cast the blame back over to you which is where it belongs. If that happens, you could be charged and the prosecutor could decide to let the jury figure out who is lying.

Answer Applies to: Michigan
Replied: 8/24/2011

Cornish, Crowley, Rockafellow, & Sartz, PLLC
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Sure, if the prosecutor has evidence that you both were part of a conspiracy. It makes it more challenging for a prosecutor when party simply admits to all liability to try to protect another person; however, that won't necessarily stop the prosecutor from pursuing additional charges anyway. I'd recommend that you retain an attorney to assist you with this matter.

Answer Applies to: Michigan
Replied: 8/16/2011

Answer By Andrew Subin
Law Office of Andrew Subin
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You could be, but probably wont be.

Answer Applies to: Washington
Replied: 8/15/2011

Law Office of Sara Sencer McArdle
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Depends on what happens in the future. You can call me for further information.

Answer Applies to: New Jersey
Replied: 8/14/2011

Answer By John Carney
Law Offices of John Carney
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If the marijuana was in your possession you should have been charged. You said your friend admitted it was his and he was arrested. That makes it very unlikely that you will be charges with any crime. You got lucky that your friend took the blame, don't drive around with illegal substances unless you want to end up in jail. Most arrests fore drugs occur on the street at night or in a vehicle.

Answer Applies to: New York
Replied: 8/13/2011

Edward  D. Dowling IV Attorney at Law
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If your friend changes his mind and tells the police it was use or if the police get other information and evidence that it is yours then yes you could be charged.

Answer Applies to: New York
Replied: 8/12/2011

Law Office of Phillip Weiser
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You could still be charged if the evidence would support those charges. If you were not charged at the time, chances are that you will not be. The statute of limitations for a criminal charge in Kansas is 5 years.

Answer Applies to: Kansas
Replied: 8/11/2011

Expert Bronx Criminal Lawyers
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Yes you can, under the legal theory of "acting in concert". Acting in concert means that you have the same common objective and plan as the person who was arrested, i.e,, to possess marijuana. However, if you were not arrested at the scene it is unlikely the police, or the prosecutors, will take the time and effort to file criminal charges against you.

Answer Applies to: New York
Replied: 8/11/2011

Answer By Jules Fiani
Jules N. Fiani, Attorney at Law
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No.

Answer Applies to: Michigan
Replied: 8/11/2011

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