Legal Question in Criminal Law in Colorado
Charged w/ possession without being present?
Can I be prosuceted for possession of illegal drugs if (a) I was not present when they were confiscated, and (b)they were not mine, but my roomates', although I was the only one on my lease?
1 Answer from Attorneys
Re: Charged w/ possession without being present?
Yes you can be charged. But, depending on the evidence connecting you to the drugs, you should not be convicted. The statute requires knowing possession - both that you know that you have the thing and that you generally know what it is. If there was one person in the house between the time you left and the time the cops show up, there should be reasonable doubt.
These cases do not go away because you can win. They go away because a good lawyer gets them to.
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