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Can you be charged with possession without Evidence?

Discussions relating to Drug Laws

Can you be charged with possession without Evidence?

Postby dureau » Fri Feb 24, 2012 8:12 pm

I'm interested in learning more about the details of how the law works and was wondering if someone can be arrested/charged for possession of something illegal such as drugs without physical evidence. If there were allegations made against someone claiming that this person was in possession of an illegal substance, however no proof was found can they still be arrested? What about different variables such as a recorded phone call, text message, etc however still no physical evidence of this claim?
dureau
 
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Can you be charged with possession without Evidence?

Postby tripp » Fri Feb 24, 2012 8:15 pm

piss/hair tests. without evidence, nothing really holds, so no.
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Can you be charged with possession without Evidence?

Postby panteno » Fri Feb 24, 2012 8:18 pm

Straight possession not likely as the courts are way to full of idiots out there to worry about one dude who admitted somewhere doing dope.

To answer your question though yes: A criminal conspiracy in a major drug deal - you can go down for conspiracy even though no drugs were found on you

Another scenario I am aware of: a long time violent criminal admitted under questioning to an investigator to being on scene of a shooting. He stated that while he did not shoot the victim, he "pulled out" his own gun and shot back at the parties involved. No gun was found on him, but based on his statement during questioning, he was tried and convicted of being a felon in possession of a firearm. A very dangerous criminal was put behind bars for a while
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Can you be charged with possession without Evidence?

Postby ludano17 » Fri Feb 24, 2012 8:27 pm

Straight possession not likely as the courts are way to full of idiots out there to worry about one dude who admitted somewhere doing dope.

To answer your question though yes: A criminal conspiracy in a major drug deal - you can go down for conspiracy even though no drugs were found on you

Another scenario I am aware of: a long time violent criminal admitted under questioning to an investigator to being on scene of a shooting. He stated that while he did not shoot the victim, he "pulled out" his own gun and shot back at the parties involved. No gun was found on him, but based on his statement during questioning, he was tried and convicted of being a felon in possession of a firearm. A very dangerous criminal was put behind bars for a while
If they used the drugs and the officer can tell they are impaired by it the person could possibly be charged.

They would charged with something else though.
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