A friend of mine was staying in a hotel and my girlfriend and myself went to see him, while we were there my friend got kicked out for not paying and was told by hotel staff he had 30min to get out.i went out to the car (that I borrowed from a different friend) and started putting his stuff inside, my girlfriend was meeting my friend at the outside door of the hotel and bringing me his stuff as he brought it to her. We were both outside for about 15 min without him bringing anything else out so I drove my girlfriend to the front of the hotel so she could go in and see what was going on then I drove back to the back and parked in the same spot to wait. My girlfriend came out and said our friend was laying in on the floor in the hotel room and the maid was in there. While she was telling me this our friend came out in a daze and clearly under the influence of fentanyl. I got in the drivers seat told them both to get in because we were gonna leave. The cops pull up pull us out of the car search us and the car didn’t find drugs or paraphernalia on us or in the car. They did find empty baggies and needles in the friends hotel room.
The answer is, it depends. You do not have to have drugs on you in order to be found guilty of possession. There is something called constructive possession where if you had knowledge of it and is within your reach or control then you could be found guilty. Either way you should get an experienced criminal defense attorney to assist you to have the best results of this resolving to your satisfaction. If you have court already scheduled, the first hearing is very important because the state has to approve there is enough evidence against you to send the case to the county court for trial. Do not attend this hearing without an attorney looking out for your rights.
The technical answer to your question ("can I beat the charge") is yes, absolutely. People are acquitted of criminal charges every day for reasons ranging from a lack of prosecution evidence, to a strong alibi, to a procedural defect in their arrest or prosecution. The likelihood of avoiding a conviction in your case, however, is difficult to judge based on your question.
As I understand your question, your friend was staying at a hotel and, while there, he used fentanyl. You and a girlfriend met him at the hotel and tried to leave with him but, before you could, the police stopped you, searched you and the car, and found nothing. They did, however, discover paraphernalia in your friend's room. If it's true that you were never in the room and had only arrived a few minutes before the arrest, it's hard to imagine how you could have been responsible for the delivery of the drugs or paraphernalia found in your friend's room.
Proving these facts, (that you were not in the room and that you arrived shortly before the arrest) may be difficult. You should try to get surveillance footage from the hotel IMMEDIATELY, since few businesses keep surveillance footage for more than a few days. Depending on the hotel, you might also be able to get a log of how many times the door to your friend's room opened and closed, which might corroborate your claim that you were never inside.
Most importantly, however, you need an attorney, and you need to stop broadcasting the facts of your case online. The Internet is not a lawyer, and there's nothing that prevents the police or prosecutors from finding your question online and using it against you at trial. I strongly suggest you delete this question, contact a good lawyer to represent you or make a referral, and focus on defending your case.
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