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?
Answered By: Cynthia Henley, Lawyer
That's odd, and you are very lucky that you were not arrested. The police should have arrested both of you - him because he made a statement against penal interest that the marijuana belonged to him, and you because you actually possessed it. Assuming that the weed was his and he handed it to you when the cops stopped you and asked you to hide it, you could be charged and convicted because the legal question is not who is the owner, but who had possession - which is defined as care, custody, and control. Since you had actual possession of it, then you had care, custody, and control. You could be charged, but it is a misdemeanor and they would not bother most likely.
Answer Applies to: Texas
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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