Can two people be charged with the same crime if one has already been sentenced? 41 Answers as of November 29, 2011

Two people can be charged, but it may be a defense that drugs were other person's. The facts will make a big difference as possession may include having access and control over contraband.

The simple answer to your question is, yes: more than one person can be charged with the same crime. If the police raid a hotel room, and there are five people sitting around a coffee table, on which there is a large pile of cocaine, everyone there can be charged. The fact that one person has been charged and had had his case resolved, does not close the matter against any further responsible people. Under certain circumstances, it may have an impact on later cases, but it will not keep any others from being charged, as a matter of law.

Yes, depending on the prosecution theory of the facts and the evidence, drugs can be jointly possessed.

Yes, two separate people can be charged with drug possession even though one defendant accepts full blame and is already sentenced. Depending on what the convicted defendant says in court, to prosecutors or to investigators will affect what happens in the other defendants case. For example, if the convicted party is willing to testify in court that the non-convicted party had no knowledge of the drugs or didn't own any of the drugs, it will make the non-convicted party's defense stronger. Even if one person doesn't actually own drugs, if they are in the company of the person who does have drugs and they know that person has drugs, they can still be charged with constructive possession (as opposed to actual possession) of a controlled substance.

The law allows the police to charge anyone in a car or house with constructive possession of drugs or contraband. If someone has admitted that the drugs were theirs or has plead to the possession you will be able to win the case at trial unless the police testify that you actually possessed the drugs. You should retain a good criminal attorney and go to trial. You will be acquitted and have no criminal record.

If the other guy comes in and testifies for him he will be acquitted.

Yes. Two or more people can be in possession of the same set of drugs.

Yes. Depending on the circumstances in that hotel room, anyone there may legally be "presumptively in possession." It would be the same in a vehicle if drugs were found anywhere in the passenger area where there were passengers. Be careful who you hang out with if you don't want to go down too.

Yes because both could be in care, custody, and control of the drugs if they were laying out regardless of any claims or pleas. There can be joint custody of drugs. If the drugs were found on one person or in one person's baggage, then the case against the other is much weaker.

Yes. Two people can possess the same drugs.

The answer is yes and they can use the other person already convicted to testify against the person who is still facing charges. You have the right to counsel of your own choosing if an attorney cannot be provided to you by the Courts.

Yes, much as a driver and a passenger can both be charged with possession of a stolen vehicle, multiple defendants can be in possession of drugs.

Yes, because it arose from the same factual event so both people can be charged. Even though the other person may have already plead or found guilty, that doesn't prevent the other co-defendant from being charged at a different time.

Yes. As it applies to the situation you describe, two or more people may possess something. The question is that of control and a right to do something with the dope.

The prosecutor can always bring charges if he has probable cause. The scenario you describe may make it difficult for the prosecution to obtain a conviction.

Two people can be charged as codefendant, prticularly on drug cases. Possession of controlled substances can be joint possession as well as constructive or actual possession.

In cases of drug possession, it is technically possible under Texas law for more than one person to possess the same drugs. The fact that the other person is claiming ownership and has pled gives you an excellent defense to put in front of a jury.

It is possible that two people can be in possession of the same drugs so this is a possibility that both can be charged and prosecuted, even though it seems wrong.

They can charge two people, but if one took the blame the charges against the other should be dismissed.

Yes. That's actually pretty common. Each person's case is evaluated individually to see whether the elements of the offense can be made against that person. And there's no legal bar to two people possessing the same drugs. Especially if they were out in plain sight, accessible to both persons, both of them could very well get convicted for possession of the same drugs. The second person's attorney will have to look at all of the evidence in the case to determine how likely a conviction is and evaluate the State's plea bargain offer.

It is possible. Charging documents only require probable cause. You have a definite defense. I would think the prosecutor would consider dismissing against the co-defendant. That is a difficult question. I assume the prosecutor is charging a person with possession of the same drugs that the co-defendant possessed. There must be evidence that one possessed the drugs then passed it to the other person to hold, or something like that. There really isn't enough information to answer your question. Every case is unique. Talk to an experienced defense attorney.

Possession can be joint or several so more than one person can be charged with one entity of drugs. However it would seem that the state would have a difficult time proving guilt especially if the co-defendant' admission is allowed in defends. A key question would be who rented hotel room?

This is a common question. Unfortunately the answer is yes and definitely. It happens all of time. Picture it this way, if you and your best friend or spouse pooled your money and bought a gun so you were both safe. You agreed to keep the gun in a drawer in your bedroom. But both of you are felons. Just because one of you plead guilty would not mean that the other person was not criminal liable for the conduct. You may be asking, but that case is different because in my case the other person said that the drugs were theirs. I would say back that the prosecutor does not believe them when they said that because they went to law school and are intelligent people and they know that sometimes people lie and when a person thinks that they are going to get their friend or spouse out of trouble it very likely that they are lying. If you go in front of a jury the jury may hear about the other person's statement. However they are also going to think like the prosecutor unless it is believable that you knew nothing about the drugs. Questions like, how long were you staying in the hotel and where were the drugs found as well as the presence of drug paraphernalia will be very important.

If two persons are involved in the same illegal act then both may be charged with and tried for that violation. If two people rob a store and someone gets killed then both can be convicted of murder even if one was outside of the building when it happened. In the situation that you outlined; even if one person takes full credit for the drugs the state can charge and try both persons. In this case both could be found guilty.

Yes. It is unlawful to possess controlled substances. The term "possession" is defined in Michigan as the right to exercise dominion and control over the substance with knowledge of its presence and character. Possession may be sole, where one person alone possesses the substance, or possession may be joint, where two or more people each share possession. It is irrelevant that someone has already been convicted of possession of the same controlled substances. The prosecution has the burden of establishing beyond a reasonable doubt that you possessed the controlled substances as I have defined the term above. If they are unable to, you will be found not guilty.

The State can proceed with the theory the first person was not telling the truth and the drugs belonged to both of them or some of the drugs belonged to one and some belonged to the other.

Can they? Yes. Two people can be in possession of the same thing at the same time. For example, if you and your buddy buy a pizza and set it on the table in front of both of you, you're both able to access it and have a slice. You're both in possession of the pizza. But - what if your buddy tells everybody else that the pizza is all his and nobody else can have some. That's different, potentially. The question will be whether or not the drugs were truly exclusively possessed or under "joint control" and able to be accessed by both people. That's for the defense attorney on the case to sort out after reviewing all the evidence and reports. It may also depend on how the other person's plea deal was structured. Did they just plead guilty? If so, they could come into court and testify that the drugs were in fact all theirs and the second person is not guilty. If their plea deal included wording that they jointly possessed the drugs, then they could still testify, but the DA would use the terms of their plea agreement against them... Again - for the attorney who actually has the case to unravel.

Absolutely they may be charged. Possession in Washington includes Actual and Constructive possession. In other words, if you have it or you have access to the area where it is found, you possessed it. You can also be a co-defendant where one defendant has plead out. His taking the rap doesn't get you off the hook.

Yes, both people in the room could technically be in possession of the drugs.

In the law there is the idea that two people can exercise dominion and control over an item, thereby exercising possession of the item. Both, either together or individually, can be found guilty of possession of an item. Each person's charges constitute a separate case and thereby one of the two people can be found guilty after the first of the two people has been found guilty of possessing an item.