This is a farm house with 6 different occupants renting rooms that can be locked and the front door is always open the person that is being investigated has never had prior charges and doesn't even known the person acussing him however he was there at the house waiting for his other friends to get done with work. He refused to speak with investigater in person as he is illegal immagrant and scared that he will be charged.
Can you be charged? - Yes. Can you be convicted? - It depends upon the credibility of the people involved (how believable they are on the witness stand), all of the facts and circumstances surrounding the incident, and the quality of your legal representation. I would strongly advise you to obtain the services of an experienced criminal defense attorney and discuss all of these issues with that attorney. Be aware that this website is open to the public and can be viewed by law enforcement and prosecutors. You have included sufficient unique details that make your question easy to figure out who submitted it. You may want to consider asking AVVO.com to remove your post (See here - https://support.avvo.com/hc/en-us/articles/215125686). Get an attorney, and good luck.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
Charges can be brought if the police believe there is probable cause to believe that the drugs were possessed by the Defendant. A conviction requires proof beyond a reasonable doubt to establish that the Defendant possessed the drugs. Whether a person can be charged or convicted depends on what evidence the police and prosecution have to establish that they possessed illegal drugs.
It is almost always best to decline to make any statement to the police if you may be a suspect in a criminal investigation. In most cases, making a statement cannot help you and might make a successful defense much more difficult - even if you are innocent.
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