There is a good possibility that if she gets busted at home you can get swept up it it, They can charge you now and as ask questions later-- after you have already been arrested. I have heard prosecutors say "Indict (charge) them all and let God sort it out."
It would be difficult for them to charge you with joint constructive possession of something that is in your roommate's room. However, it does happen. In that case, you would have a fairly good defense that you were not possessing the substance with her. However, you need to make doubly sure that there is no marijuana or drug paraphenalia in the common areas of the apartment (or hidden in your room). That makes it a whole lot easier for them to charge you and convict you of possessing the substance.
If police have a valid reason to be in the apartment and marijuana and Drug Paraphernalia are found, they may arrest/cite both of you as joint possessors. If you are going to stay there tell her to keep her drugs and paraphernalia in a locked closed container exclusively in her room. You still may get charged but you have a better defense than you do now. Bolder, buy her a "stash box" with single key lock with her named engraved on it !
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
If by "legal trouble" you mean arrested or charged, then yes, I think that's likely. If you mean convicted, I think that is less likely.
Obviously, you don't even want to be arrested, but you know that as soon as the cops show up, she's going to try to take you down with her, especially if she thinks you called the police.
The police tend to error on the side of arresting everyone and letting the lawyers sort it out months later. Of course, it gets "sorted out" only after you have been arrested, fingerprinted, photographed, posted bail, evicted, and then expelled.
I think the better plan is to find a new roommate.
↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.