Possession and Paraphernalia - Lease

[Dave C]

-North Carolina-

Ok, the scenerio is this: cops show up to a party at the residence I live in. They find paraphernalia on the porch and conduct a search. I voluntarily surrendered 2-3 grams of marijuana from the house and they confiscate more paraphernalia.

I and my two roomates are all charged with paraphernalia and posession even though no one claimed responsibility for any of it.

Also, my name is not on the lease for the residence.

I have the option of entering a first offenders program and will have the charges dismissed. However, I would like to know if I can get the charges dismissed on the basis that my name isn't on the housing lease.

 

[calatty]

No, liability for possession does not depend on leases, but on who had control over the contraband. By retrieving it and handing it over, you showed that you had control over it.