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false arrest

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terrieverhart

Junior Member
What is the name of your state (only U.S. law)? Texas. If a friend and me where arrested for drugs which weren't mine and he didn't fess up but has now decided to say they where his drugs. Will that free me of the charge?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


The Occultist

Senior Member
That would depend on the circumstances. You see, the charge is for possession of the substance, not ownership. You can be in possession of dope that you do not own.
 

CavemanLawyer

Senior Member
Correct, the more important questions are whether it was in an area that you could have had control over and whether you had knowledge that it was there. Still, if this person is willing to submit an affidavit claiming ownership and/or possession of the drugs then that can only help your case, but it doesn't guarantee dismissal. A judge or jury could easily just not believe your friend.
 

HighwayMan

Super Secret Senior Member
And, of course, even if the charge was dismissed it still would not be a false arrest. The police acted properly, apparently, with probable cause for the arrest.
 

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