Can I be charged for possession and intent to distribute even if I wasn't present at the crime scene? 14 Answers as of April 25, 2013

I am being charged for possession and intent to distribute for a controlled substance even when I wasn't present on the arrest or had consent of being charged.

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Universal Law Group, Inc. | Francis John Cowhig
If you are being charged, then the police evidently have enough evidence against you to have the charges filed, even though you were not present at the crime scene.
Answer Applies to: California
Replied: 4/25/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes if they have evidence that you were involved in the selling then you can be charged.
Answer Applies to: Michigan
Replied: 4/25/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You can be arrested without giving your consent. Most suspects are arrested without giving consent. If the search was legal and the police have reason to believe that the items seized were yours this is a bases for an arrest.
Answer Applies to: California
Replied: 4/24/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Yes you can be charged if there is evidence showing probable cause that you possessed with intent to distribute. You need not be physically present at the crime scene if evidence points to you. Obviously, you should retain criminal defense counsel as soon as possible.
Answer Applies to: New York
Replied: 4/24/2013
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
It sounds like the police got a warrant and searched your home and found drugs. There is nothing illegal about that. They can charge you for possession and intent to distribute even though you were not present at the scene and did not give consent to the search.
Answer Applies to: Missouri
Replied: 4/24/2013
    Henry Lebensbaum | Henry Lebensbaum
    Yes.
    Answer Applies to: Massachusetts
    Replied: 4/24/2013
    William L. Welch, III Attorney | William L. Welch, III
    Anyone might be charged with a crime, regardless of whether he or she has in fact broken the law. Possession might be individual, joint, or constructive. In addition attempt and conspiracy don't require a person to complete the object offense. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland
    Replied: 4/24/2013
    Bush Law Group
    Bush Law Group | James Falk
    Yes. You can be charged even if you were not present at the crime scene. The police would need probable cause to believe that you played some role in the activities- possibly as an accomplice or co-conspirator.
    Answer Applies to: South Carolina
    Replied: 4/24/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I need to know the facts of your case... in particular, the charging documents.
    Answer Applies to: Washington
    Replied: 4/24/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I imagine that you could be charged with these offenses, as anything is possible. However, possession necessitates being in proximity of the contraband, and I have a difficult time in figuring how the prosecution intends to prove these allegations. Of course, without further information, I cannot say what the outcome of your case will be, but hire a good lawyer to review all the evidence in the prosecutor's possession, and you very well may have a winner on your hands.
    Answer Applies to: Illinois
    Replied: 4/24/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes, You can and have been charged.
    Answer Applies to: Virginia
    Replied: 4/24/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The question is whether or not you can be charged, anyone can be charged. The real question is whether or not you can be convicted. At this point you should speak with no one in the Police Department or prosecutors office, or for that matter anyone at all until after you have engaged in received counsel.
    Answer Applies to: Michigan
    Replied: 4/23/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    This sounds like a conspiracy case. A conspiracy is an agreement between various people to violate the law; so all of the co-conspirators do not have to be at the scene where the drugs that were the subject of the conspiracy were located. It is the agreement (with a few other elements) that is the crime, not the actual possession.
    Answer Applies to: California
    Replied: 4/23/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You can be charged, even IF you are not present.
    Answer Applies to: Georgia
    Replied: 4/23/2013
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