Legal Question in Criminal Law in Colorado
sched II drug charges
can someone be charged w possession, sched II drugs, when the drugs where not in her possession? and how could a court date be scheduled for that charge without that person knowing?
1 Answer from Attorneys
Re: sched II drug charges
You may have a different idea about what "possession" means. It does not mean that the drugs have to be in your hands, in your mouth, in your veins or muscle tissue, or tucked away conveniently (or inconveniently) somewhere in your clothes or body.
Possession means that the drugs are found anywhere within your control or dominion, which may mean within your reach, in your car, in your house, or anywhere else that might be considered under your control or ownership.
If the drug is on the table and five people are sitting at the table, five people can be charged with possession of the same drug.
A person certainly does have to be given notice of his or her court date. How that could happen without that person knowing is anybody's guess: they weren't paying attention, they didn't know what the summons meant, they were stoned out of their mind, or the police or court somehow left that step out.
That last excuse, by the way, is likely to be least persuasive to a judge.
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