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
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
LeadfootSpeedingTicket.com | 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
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
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
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
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