Legal Question in Criminal Law in Tennessee

Can two people be charged with a dope charge if one of the two admits it was there's?


Asked on 5/17/10, 6:03 pm

1 Answer from Attorneys

Yes, both can be charged.

The crime is possession, and possession can be "joint" (more than one person) and/or "constructive" (Example: you don't have it in your hand, but you know where it is hidden behind a tree and can walk over at any time and grab it. Three people may all know it is behind the tree, and any or all of the three could walk behind the tree and get it. All three have possession).

The state is not required to prove who "owned" the drugs, the offense is possession, not title.

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Answered on 5/22/10, 9:22 pm


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