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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was at a frieds hotel room and the police came by looking

Customer Question

I was at a frieds hotel room and the police came by looking for Mitch's roommate. The police came in to look for him. I had been napping on the sofa. Evidently Mitch had taken out a baggy and had it on the table and the police saw it. He admitted that the drugs were his and the room was in his name. Can I be charged with possession?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Roger replied 2 years ago.

Hi - my name is ***** ***** I'll be glad to assist.

If the drugs were not found on your body and if you were not in your residence/your hotel room, it would be very difficult for the authorities to substantiate or sustain a possession charge against you.

Expert:  Roger replied 2 years ago.

This is so because -- unless you were to admit that the drugs were yours -- there's really no way that they could prove that the drugs found were your because (1) the contraband was not found on your person or (2) or in your residence or property that you are in control of.