Can you be arrested just for being with someone who is carrying drugs?
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Can you be arrested just for being with someone who is carrying drugs?
My friend and her boyfriend were walking down the street. They went to go inside a hamburger chain and were stopped by a man in regular clothes, who stated that he was the police. In fact, he had 2 of their roommates inside in cuffs. He asked if they had anything and she handed him a bag with meth in it. She got charged with simple possession and so did her boyfriend for some reason. Why? Also, my friend didn’t go to court. She has never been in trouble before. What will happen to her?
Asked on May 28, 2011 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, whether you can be charged with drug possession for being with someone who has drugs (not carrying them yourself) depends on whether the authorities believe that they are your drugs, too--it is not required that every person charged with possession be physically carrying the drugs. Whether that person can be convicted will depend on the evidence--for example, will the girlfriend testify that the drugs belonged to her boyfriend, too? (Such as to seek a shorter sentence for herself.)
What will happen to someone charged with drug possesion depends on too many factors for an easy answer: for example, the amount of drugs she is found with? The personality of the prosecutor and his (and the court's) view of drugs--lienent or not? Seeks treatments or punishment? Etc.
Anyone charged with possession should get a criminal defense attorney to represent her, to help make sure she gets the best outcome possible.
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