Am I Off The Hook If A Co-Defendant Pleads Guilty To Possession?
Possession is not something that needs to be confined to a specific person. Two people can be in possession of the same drugs even if only one was in physical possession of it or the other person had it near them, both could be charged with possession of the drugs and they would be prosecuted under the theory of constructive possession. Additionally, if both of the co-defendants intended to possess the drugs and were working together in the same criminal enterprise, they could be said to be liable for each other’s actions in the possession of those drugs. What that means from a practical perspective is that even if a co-defendant has pled guilty to the drugs, the prosecution against the other defendant can still proceed and the prosecutors can still attempt to acquire a conviction.
It will certainly be a factor, however, for your attorney to bring to the prosecutor and for the prosecutors to consider that another person has already admitted possession of the same drugs and it is also something that your attorney should bring up before the jury if it comes to a trial.
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