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  1. #1

    Default Charges for Possession of Drugs that Friends Were Using

    My question involves criminal law for the state of: pa

    HI my brother was at a friends house a few nights ago. his friends left to go meet other people. He stayed and played video games with a friend, a few mins later his friends came back and he opened the door and it was a cop. the cop then came in and busted everyone, everyone ran but my brother. Now he is being charged with posession. even though he has never touched the stuff and had no clue thats what his friends were doing. My little brother has no record , has never done drugs nor has an interest. Didn't flee was cooperative with the cop. and he also was never even around any of the kids or even knew that their were drugs in the house. Does the cop have a case, is their anyway to make this cop drop the case and make a suit for defamination of some type or even collect for person distress

  2. #2
    Join Date
    Sep 2011
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    Default Re: Minor Charged with Possession

    He is distressed that he hangs with drug users? Please tell me you are making an April Fools post early. He was the one left in possession of the drugs. I don't see a problem here. Tell him to hire a lawyer to negotiate turning over the names of the people who owned the drugs and fled the police.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Minor Charged with Possession

    What type of drugs are we talking about and, if he was sitting around while his friends were using drugs, what did he think they were doing?

    Obviously the police have a case - they caught him while raiding a house for drugs, and found him and his buddies with the drugs.

    Tell your brother to team up with a criminal defense lawyer, get a clean drug screen to try to establish that he's not using, and to work with his lawyer to try to convince the prosecutor that he is as ignorant about drugs and their use as you suggest.

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Minor Charged with Possession

    "Touching the stuff" isn't a requirement for possession. If he knew the drugs are there and he had access to them, he is GUILTY of possession.
    He needs a lawyer.

    No you can't sue for emotional distress or defamation.

  5. #5

    Default Re: Charges for Possession of Drugs that Friends Were Using

    it was weed, no he did not know they went out to smoke weed, he had no recollection of anything, he just came over to play video games.

  6. #6
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Charges for Possession of Drugs that Friends Were Using

    Ahhh, you did not mention he suffers from absence seizures. I'm sure taking proof to the prosecutor will establish he had a valid medical reason to not know who was there or what was going on.

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