The police found a cap of heroin in my friends house when I was there, can they convict both of us, even if it was in her house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
The police found a cap of heroin in my friends house when I was there, can they convict both of us, even if it was in her house?
Asked on May 11, 2009 under Criminal Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Drug possession is a serious criminal charge in Texas carrying a wide range of punishments from probation to lengthy prison sentences, depending on the amount of the drug.
The police can charge you with drug possession if they find drugs in your pockets or anywhere else on your body, or they can charge you under a claim of “constructive possession.” That means the drugs were in a place that you normally control or could easily reach. That could be your car, your apartment, or the cushions of a couch where you were sitting when the police entered.
A conviction on drug possession charges could have serious implications for you because of the possibility that you might have to go to jail and pay stiff fines reaching into the thousands of dollars, as well as the possibility the police may seize your car or other property. Drug possession charges can also keep you from certain jobs and professional licenses.
Whether you are charged with felony possession or misdemeanor possession depends on the penalty group and the weight or amount of the drug. Heroin is classidied as a "Group 1" drug.
Penalty Group 1
| Weight | Classification | Penalty |
Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
1 gram or more, less than 4 grams | Third-degree felony | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
4 grams or more, but less than 200 grams | Second-degree felony | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
200 grams or more, but less than 400 grams | First-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $10,000 |
400 grams or more | Enhanced first-degree felony | 10 to 99 years and a fine of not more than $100,000 |
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Oh yes... they can charge you and based on the strength of the evidence, your criminal history if any, your friend's criminal history of any, your drug use history, your friend's drug use history, fingerprints, etc, the efficacy of your defense counsel and your friend's defense counsel and whether each of you will have separate counsel, you may very well be convicted by the court should the prosecutor move forward with such charges.
Talk to your lawyer (public defender) or consult with a private criminal defense attorney about the exact charges brought forth or for which you were cited/ticketed/arrested? Try www.attorneypages.com.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.