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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118259
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If a pill bottle is found out in the open in no ones

Customer Question

If a pill bottle is found out in the open in no ones possision can An inmate be charged with it.
JA: What state are you in? It matters because laws vary by location.
Customer: Virginia
JA: Has anything been filed or reported?
Customer: Yes I was charged with unlawful chemical
JA: Anything else you want the lawyer to know before I connect you?
Customer: The co has been fired for slapping an inmate
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If a bottle or contraband is found in the area within control of the inmate, even if the contraband is not in direct possession of the inmate, the inmate could be charged with that contraband. If the contraband is found in a public area where many inmates had access and the bottle is not in possession of anyone, then proving the "nexus" or connection between the bottle and particular inmate charged is more difficult and they would have to prove the inmate was the only one in the area at the time the bottle appeared. That makes it a much tougher case.
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