Legal Question in Criminal Law in Michigan

possession of marijauna

can 2 people be charged with the same crime if the person admitted to the possession & never was charged until a week later are they in violation of my due process rights


Asked on 12/12/08, 2:49 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: possession of marijauna

More than one person can 'possess' the same batch of drugs at the same time, and be charged with "possession of marijuana". Just as there can be "joint property" in a marriage, two or more people can "possession" a single quantity of drugs. What if 2 people pool their money to buy it, or two people use the same bag of marijuana to roll joints for themselves?

Possession is not limited to physically holding an item ... there is also 'constructive possession' where one or more people have knowledge of the presence of an item very close by, and excercise some control over it.

Due process rights are not violated when charges are not issued until a week after-the-fact. In fact, even longer delays occur in drug cases due to waiting for reports from crime lab testing.

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Answered on 12/12/08, 2:57 pm
William Morrison Action Defense Center

Re: possession of marijauna

an 2 people be charged with the same crime if the person admitted to the possession & never was charged until a week later

YES!

are they in violation of my due process rights

NO!

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Answered on 12/12/08, 4:30 pm


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