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LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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My boyfriend was arrested for having a ecstasy pill found in

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My boyfriend was arrested for having a ecstasy pill found in jeans he had on but the pants weren't his. The owner of the jeans has pending drug charges. Will he be charged for the ecstasy if he tells them it was his jeans? My boyfriend is in jail waiting for his court date without bond.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your boyfriend's situation. My goal is to provide you with excellent service today.

While it can be difficult to prove that you did not knowingly possess drugs, that is in fact a defense to a possession charge. If the owner of the jeans, and presumably of the drug, admits that the jeans and the pill were his, that would be evidence that a defense attorney could use to successfully argue a defens to the charge of possession. You boyfriend would still have to convince the trier of fact that he didn't;t know what was in the pockets of the pants he was wearing---but that is a possibility as well. This is certainly worth looking at as a defense to the possession charge.

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I wish you the best in 2013,

Customer: replied 4 years ago.

Thank you for your response. Will the owner of the jeans be charged with possession if he confesses that they were his? He already has pending drug charges and dosent want to have another charge.

Good afternoon,

Unfortunately, the prosecutor will almost certainly then charge the jeans owner with possession based on the one tablet. However, depending on the charges they now face, the net effect of the additional charge may well be negligible in terms of any penalty they are facing. That is something they would need to talk with their attorney about. Obviously, you can;t force someone to confess if they don't want to---and yet, it would essentially take such a confession for your boyfriend to have a reasonable chance at using his lack of knowledge and ownership as a defense in the possession charge. I'm sorry.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

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