Can someone be charged with posession of a controlled substance without it being found on them?

recently my fiances grandma turned over his bookbag to the cops and said she found a needle and a spoon for doing drugs in it. now 4 months later my fiance is arrested on a warrant for a class 4 felony for possession of a controlled substance while on parole. but they didnt even find it on him. so is that right??

Ladd, IL -

Attorney Answers (4)

Judy A. Goldstein

Judy A. Goldstein

Criminal Defense Attorney - Mokena, IL
Answered

The charge can be made. It is up to the state to prove his guilt beyond a reasonable doubt. Do not discuss your fiance's case online or with anyone in person. Your fiance should discuss his case only with this attorney. This is a public forum and there is no confidentiality.

Joshua Sachs

Joshua Sachs

Criminal Defense Attorney - Evanston, IL
Answered

Yes, he can be charged. Yes, he could be convicted. They don't have to find anything on him. Picking up a felony charge while on parole is a very serious matter. He needs an attorney.

Melissa I. Smejkal

Melissa I. Smejkal

Criminal Defense Attorney - Chicago, IL
Answered

Yes, he can be charged. Whether or not the state can prove he was the owner is a different matter.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Criminal Defense Attorney - Chicago, IL
Answered

Yes.

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