Can I be charged of drug possession if my friend took the blame for me? 51 Answers as of June 24, 2013

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?

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Anderson Law Office
Anderson Law Office | Scott L. Anderson
If it was in your possession, yes.
Answer Applies to: Minnesota
Replied: 6/24/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
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
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
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: 8/17/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
You could be, but probably wont be.
Answer Applies to: Washington
Replied: 8/15/2011
Law Office of Sara Sencer McArdle
Law Office of Sara Sencer McArdle | Sara Sencer McArdle
Depends on what happens in the future. You can call me for further information.
Answer Applies to: New Jersey
Replied: 8/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    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: 8/15/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    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: 8/13/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    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: 8/12/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    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
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    No.
    Answer Applies to: Michigan
    Replied: 8/11/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Yes, on a theory of constructive possession. I'd suggest meeting with an attorney as soon as possible to discuss your situation.
    Answer Applies to: New York
    Replied: 8/11/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Get a Lawyer
    Answer Applies to: Michigan
    Replied: 8/11/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Yes, it is not up to your friend to "take the blame". The police can recommend charges as they see fit.
    Answer Applies to: California
    Replied: 8/11/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    If you live in another state, and the police did not take any of your information down, like name, address, phone numbers etc. then they probably are letting you go on this one. Unless your friend rats you out, I think you are in the clear. I would be more careful in the future of course. If you are going to smoke, don't do it in the car that goes for any state.
    Answer Applies to: Florida
    Replied: 8/11/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If your friend recanted his confession and told the police you actually were the one in possession, they could request charges against you.
    Answer Applies to: Michigan
    Replied: 8/11/2011
    Michael J. Gardiner, Attorney at Law | Michael Gardiner
    It sounds like you skated, but I suppose on additional information and with a witness they could.
    Answer Applies to: Rhode Island
    Replied: 8/11/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    An attorney would need a better statement of the facts in order to provide you with any useful response. You say that the weed was in your possession, but you don't tell us where it was when the officer found it. You don't explain what you mean by your friend "taking the blame" for it. If you consult with an attorney the attorney will ask questions until he or she has enough information to help you.
    Answer Applies to: Missouri
    Replied: 8/11/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    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: 8/11/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It the weed was within your reach you can be charged with possession even if someone else claims ownership. Weed is illegal and illegal for anyone without a prescription card. Moreover, even a person with a medical marijuana card can be charged with a federal offense. The feds tend to get involved when people from other states transport weed to this state.
    Answer Applies to: Washington
    Replied: 8/11/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Everybody involved or present could be charged, but without your info, they cant do so. If your friend gives you up, they could.
    Answer Applies to: California
    Replied: 8/11/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    Drug possession is a crime and, for marijuana, the severity of its consequences depend on quantity. You said you possessed it, but your friend took the blame for it. Your friend may change his mind, once he consults with his attorney, and decide to blame you for possession. At any rate, you can still be charged with possession. It is interesting that the officer did not obtain information about you, but your friend can provide this information to the police and/or prosecutor.
    Answer Applies to: Minnesota
    Replied: 8/11/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Can you be charged? Yes. Is it likely that you will be charged? No. Unless your friend changes his mind, you say they didn't even take your information so unless he provides it I don't see how you would be charged. If it was your vehicle and they recorded your information, that make it s little more possible, but again, unless your friend changes his mind and gives you up, you should be fine. If by any chance police contact you do not talk to them. Contact and hire a lawyer to represent you at that point, if it arises.
    Answer Applies to: Massachusetts
    Replied: 8/11/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    Technically, yes you could be charged, but it sounds like you will not be charged since your friend admitted it was his.
    Answer Applies to: Kentucky
    Replied: 8/11/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Possibly. The police may continue their investigation and as a result of there investigation, if facts tend to point to you, you could be charged, especially if your friend changes their mind. Consult with an attorney
    Answer Applies to: Washington
    Replied: 8/11/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Sure. Santa Clause could be charged. 'Charged' just means that a police officer or DA thinks that maybe you did it. But if you're out of state, the odds of being charged are low, and there's nothing for you to do about it.
    Answer Applies to: Oregon
    Replied: 8/11/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    They can still charge you if your friend changes their statement or the police believe based on where the drugs were found that you were the one with control over the substance. The district attorney has 1 year to charge you with a misdemeanor for simple possession. It is probably unlikely if they did not cite you or take your info but it is still possible.
    Answer Applies to: California
    Replied: 8/11/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    The statute of limitations for a misdemeanor is 1 year. So yes you could be charged. It may be difficult to prosecute you. If you are thinking of going to court to testify that the weed was yours, that testimony could be used against you. I would advise your friend to get a lawyer. The lawyer may be able to subpoena you into court, you would assert your 5th amendment right to silence and the lawyer will infer that the weed was yours. Your friend may still have a problem if he is aware of you possessing weed in the car as he can still be charged with constructive possession or transportation of a controlled drug. In short, your friend needs a lawyer.
    Answer Applies to: New Hampshire
    Replied: 8/11/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If on investigation the police find that there is probable cause to think the weed may be yours then yes you can still be charged.
    Answer Applies to: California
    Replied: 8/11/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    You should consult with a criminal lawyer about your rights and options. No one can predict what might happen, but it is still possible that you could be charged. Good luck.
    Answer Applies to: Georgia
    Replied: 8/10/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    It does not sound likley to happen given that your information was not obtained. It's not impossible, but it's not likely.
    Answer Applies to: Colorado
    Replied: 8/10/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    You could still be charged under a number of theories. One is as an accessory. However, these types of cases lend themselves to many defenses. So if you are charged, there may be a way to resolve this in a favorable way.
    Answer Applies to: Michigan
    Replied: 8/10/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    It's unlikely since they did not take any information from you on the date of the incident. If they really wanted to hold you accountable they would have done so that day.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    I'd think with no information about you and somebody else being charged would make it highly unlikely that you would be charged at this point.
    Answer Applies to: California
    Replied: 8/10/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    My opinion is that you have nothing to worry about at this time. They could always charge you if new facts emerged of course. That is some friend you have.
    Answer Applies to: Washington
    Replied: 8/10/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    Normally when a criminal offense is filed by way of complaint, the police report goes to the DA who decides what charges to file and against whom by reading the report that details the evidence against each person. In some counties, if a ticket is given as opposed to an arrest made, the ticket goes straight to court bypassing the DA. If the marijuana was less than 1 oz, then the offense is only an infraction in the state of CA and that means a ticket. If you are not served with a notice to appear, there was no case filed against you. The DA can amend to add an additional person in court if it seems appropriate per the evidence.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes but very unlikely. If they didn't even take your info, the only way they can get it is from your friend. Prosecutors usually don't believe whatever defendants say, so you are okay.
    Answer Applies to: California
    Replied: 8/11/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you were going to be charged with the possession of the drugs you would have been arrested on the night all of this happened. Unless your friend backs out of taking responsibility for this offense, you will likely not ever be charged.
    Answer Applies to: Alabama
    Replied: 8/10/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Yes you can but it would be unlikely at this point. The D.A. will probably not consider the case serious enough to go through the trouble of starting it up
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    yes
    Answer Applies to: Louisiana
    Replied: 8/10/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    I would have to say you can be charged if the weed was in your actual possession. Another person taking responsibility for the crime really does not help if you have physical control over the items.
    Answer Applies to: Nebraska
    Replied: 8/10/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    Yes, you can still be charged. I recomend you hire an attorney ASAP.
    Answer Applies to: Pennsylvania
    Replied: 8/10/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    If you were in possessioin of the marijuana you can be charged. However, if the police didn't take your name, it is unlikely.
    Answer Applies to: Washington
    Replied: 8/10/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    Yes you can be charged with possession of drugs even if a friend "took the blame." However, proving it is yours in a court of law may prove more difficult for a prosecuting attorney. However, remember, possession of drugs doesn't necessarily mean ownership so if they were in your possession (actual or constructive) then it is still possession. If charged, get an attorney! For information on your Washington State DUI / Drunk Driving,
    Answer Applies to: Washington
    Replied: 8/10/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    if it was on your person, yes you can be charged. Worse, your friend can be charged as an accessory. Get lawyers.
    Answer Applies to: California
    Replied: 8/11/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You could be charged but if you are not contacted by the police in the future you are probably "out of the woods". However, definitely do not speak to anyone about this case other than your lawyer from this date forth.
    Answer Applies to: California
    Replied: 8/10/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If you were not cited at the time of the arrest then it is unlikely that you will be charged. This could possibly change if your friend changes his story and new charges are brought but it does not seem likely.
    Answer Applies to: Louisiana
    Replied: 8/10/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Yes you can. You should contact a qualified lawyer right away.
    Answer Applies to: Michigan
    Replied: 8/10/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    If the officer went along with your friend saying the drugs belonged to the friend it is unlikely that you will ever hear anything about those drugs on that date.
    Answer Applies to: New Jersey
    Replied: 8/10/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    If your friend claimed the MJ and was arrested and charged for it then you're probably off the hook unless the friend turns on you. Pretty nice friend to take the fall for that - seems a little odd!
    Answer Applies to: California
    Replied: 8/10/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    Unfortunately, yes. Seems like a complicated situation, however.
    Answer Applies to: Washington
    Replied: 8/10/2011
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