Can I still be charged with drug possession if the person who had the drugs already signed and affidavit? 13 Answers as of March 08, 2013

I was at a hotel room with a friend and the police came in my room and woke him up and the drugs fell off his things. I was taken into custody and release after 24 hours. Can I be charged with possession of a controlled substance if the person the drugs were found on signs an affidavit saying that the drugs were theirs, and he has been charged and convicted of this crime.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
If the other defendant had the drugs on his person you should not have been charged in the first place. Retain a good lawyer to get the charges dismissed.
Answer Applies to: New York
Replied: 3/8/2013
Hamblin Law Office | Sally Hamblin
That certainly may help. Many other factors would be taken into consideration.
Answer Applies to: Michigan
Replied: 3/5/2013
William L. Welch, III Attorney | William L. Welch, III
An affidavit alone would not be admissible in court, because your opponent the prosecution cannot cross-examine a piece of paper. The person who has said that you had nothing to do with the crime might be summoned as a witness for you, but you have no guarantee that he or she might not invoke the right to remain silent, when you need him or her to testify. Even if your witness testifies, the judge or jury does not have to accept the testimony, and you still might be found guilty. 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.
Answer Applies to: Maryland
Replied: 3/5/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Anything is possible. However, since you were not arrested and have not been charged, I seriously doubt that you will ever be charged with this offense.
Answer Applies to: Illinois
Replied: 3/5/2013
William A. Siebert
William A. Siebert | William A. Siebert
Yes, you can be charged with aiding and abetting his possession.
Answer Applies to: Michigan
Replied: 3/5/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    His signing an affidavit means nothing. Is he willing to come to court and plead guilty and say that the drugs are not yours. That is what needs to happen.
    Answer Applies to: Georgia
    Replied: 3/5/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can, because they will never believe him even if he signs an affidavit.
    Answer Applies to: California
    Replied: 3/4/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, you could be charged. If the police believe that the drugs were also yours, despite your friend saying otherwise, you could be charged. If you are charged, hire a lawyer immediately.
    Answer Applies to: Utah
    Replied: 3/4/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes.
    Answer Applies to: Nevada
    Replied: 3/4/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    You could be charged, but not likely under the facts you have presented. If your friend is willing to go to court at a trial and testify that you did not know he had the drugs, it will be hard for the prosecution to prove you knew or should have known about the drugs.
    Answer Applies to: Utah
    Replied: 3/4/2013
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Yes. In New York, more than one person can be charged with possessing the same drugs. That doesn't mean that the State will be able to prove your guilt beyond a reasonable doubt though.
    Answer Applies to: New York
    Replied: 3/4/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney