If someone else was in possession, can I get charged with distribution? 1 Answers as of June 25, 2014

Someone was next to me in public and got caught with pills class b and c. The police didn't arrest me but charged me with distribution.

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Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Unfortunately, I would need far more details and then it would be up to a judge. The police only need probable cause to arrest. That means that something is 51% likely to have happened. That is the standard for being charged with a crime. It is very low and easy to meet. Now, once you are charged, it is the higher "proof beyond a reasonable doubt" standard that is required for conviction. Now, as to the possession, you do not have to physically have something within your hand or body to show possession. With heroin, merely being knowingly in the presence is a crime. For all other drugs, you must have possession. However it can be constructive possession. Constructive possession is defined as having "dominion and control" over the item. I am sure all of that sounds confusing. However, that is whey lawyers, like myself, cannot simply say something is or isn't as if there is a bright line rule. There are so many variables and definitions that it takes a lot of experience to know the "likelihood" that something will or won't be ruled in a certain way. You should hire a very good criminal defense attorney to represent you. You need to go over the facts with him or her in detain and then trust their wisdom and experience to guide you.
Answer Applies to: Massachusetts
Replied: 6/25/2014
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