Legal Question in Criminal Law in New York

wrong place, wrong time

My boyfriend's friend asked him to accompany him to his friend's house. His friend had access to the house and there, they waited for his friend's friend to come back. During that time, they drank and my boyfriend fell asleep. When he woke up and were getting ready to go home, the police raided in and searched the house and found large amount of narcotics and weapon. My boyfriend did not know that thoses things were in the house however, he were also taken to the police and was arrested. He is now charged of possession of illegal drugs and weapon. What are the chances of not being indicted? And how come they could charge with these charges even though it is not his?


Asked on 9/21/05, 7:35 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: wrong place, wrong time

I am sorry. This is typical police action and your boyfriend is now "in the system".

It is possiblke that your boyfriend will be found 'not-guilty' at trial, 40% seems about right; but it is more likely he will be offered a 'plea bargain' deal with the DA. If it gets to a plea-bargain, then it may be in his interest to take the deal. But this is not what anyone wants in his/her life.

The best chance for him, personally, is to cooperate with the DA and lead him to some other criminals.

Good luck. This will not be resolved quickly.

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Answered on 9/22/05, 12:45 pm
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: wrong place, wrong time

When nobody "fesses" up to ownership of contraband everybody in the vicinity usually gets arrested. The idea is that this will put pressure on the real culprit to admit wrongdoing. As you know, the charges facing your boyfriend are quite serious. You are welcome to call for a free consultation to discuss the case in more detail.

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Answered on 9/21/05, 7:44 pm


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