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  1. #1
    Join Date
    Jul 2014
    Posts
    2

    Question Can You Be Charged With Drug Possession Based on the Contents of a Lost Wallet

    My question involves criminal law for the state of: NY

    Hi. I lost my wallet in the bus in NYC. I filed a claim in the lost and found department. While doing so, I realized that I have a small packet of crushed up ecstasy in one of the pockets of the wallet. It's the first time I've done something stupid like this and it was my boyfriend at the time who I was holding it for (not really an excuse). In anyone's opinion, do you think I'll be charged with possession of it? I really don't want to get in trouble with the law, and I'll be leaving for Europe to go backpacking for a couple of months by the end of the week. Could I just plead ignorance and say I didn’t know that was there and it could've been placed by anyone while my wallet was unattended? Thank you for your insight and responses.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Mta Found Lost Wallet with Ecstasy in It

    If the MTA went through the wallet beyond looking at the ID - presuming the ID was easy to find - it's entirely possible.

    You're asking us to predict the future, which no one here is able to do. Someone else may come along and say there's no chance of it, or the Flying Spaghetti Monster could offer you immunity. The only way to find out for sure is to claim your wallet.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Be Charged With Drug Possession Based on the Contents of a Lost Wallet

    Has the wallet actually been found?

    There's a chance that the wallet will be found by an honest person who will give it to the bus driver. There's a chance that it will be found by a dishonest person who will remove the cash, and perhaps other items of interest, before turning it over to the bus driver. There's a chance that it will be found by somebody who will take what they want and toss the rest into the trash. The more time that passes without the discovery of your wallet, the more we shift from the first type of positive outcome toward the latter outcomes.

  4. #4
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Can You Be Charged With Drug Possession Based on the Contents of a Lost Wallet

    Unfortunately we cannot predict the future.

    It would probably be a tough case to prosecute if you were charged.

    Where does this currently stand? Did you already pick up the wallet? Were the drugs still in it?

  5. #5
    Join Date
    Jul 2014
    Posts
    2

    Default Re: Can You Be Charged With Drug Possession Based on the Contents of a Lost Wallet

    I just got notification that my wallet was found after filing a list and found claim via MTA website. I haven't picked up the wallet, nor have I called them since it was after office hours. I'll call them tomorrow. I just want to know if legally they can charge me for possession of drugs while they're only evidence is the lost wallet that was out of my possession.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can You Be Charged With Drug Possession Based on the Contents of a Lost Wallet

    Of course they can legally charge you. Don't be foolish.

    The fact that the wallet was out of your possession is the defense you use after you are charged, not a get out of jail free card that prevents a charge at all.

  7. #7
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Can You Be Charged With Drug Possession Based on the Contents of a Lost Wallet

    As cbg said they can certainly charge you, whether or not the charges stick would be a different question. Even if they don't you still will likely end up out some money for a lawyer.

    Not picking up the wallet doesn't change your situation much, if they intended to arrest you then they can just as easily show up at your house. If/when you pick it up, don't say anything about it, if arrested or questioned by police don't answer any questions.

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