What Is the Exact Laws (Requirements to Be Charged) of 2nd Deg Felony Possession?
Question by johnboy2266: What is the exact laws (requirements to be charged) of 2nd Deg Felony possession?
Sounds a lil shaky but my cousin’s boyfriend was visiting friends a few days ago and was only there for 5-10 min and then SWAT comes out of nowhere and kicks in the door and he was charged with 2nd-Deg felony (27 grams heroin) however no drugs were actually on his physical person (as law enforcement states it) nor was any money which would indicate he was selling it, it did belong to the other people in the house (guess it was a known drug house) What can he do about this and what exactly is he facing? Just hoping that he don’t fall to the old “guilt by association” phrase.
Best answer:
Answer by Cliff
He is charged with possession under a theory of “constructive possession.” If he knew that the drugs were there, and had control of the drugs, he can be charged…it doesn’t look like that is the case here..
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