Charges Of 220.16

[marq]

Hello there!

My question is can two people be charged in an apartment with 220.16 after the police aledgely found a scale,10 grams of cocaine and  An unknown amount of a non-drug substance. Also the police aledgely found baggies outside of the apartment window. Can these charges stick?

Also if one shows the police proof why one co-defendent has $1500.00 can he get arrested when they(the police) have no prabale cause to. Do so Thank you for time

[torran]

Mr. C.

First 220.16 does not mean anything unless there is a state attached to it.  Each state and the Federal government use different systems.  However based on context it appears you are talking about a possession or manufacture with intent to distribute or some similar charge.

Evidence is looked at and decided on based on the " weight " of the evidence.  Which means does the evidence have enough value to help prove the argument being presented.  The other aspect is admissibility and that does not appear to be in question by your question.  Evidence is used to construct at "story" and then it is up to the trier of fact to determine if the evidence and the arguments make sense and is it enough for beyond a reasonable doubt.  None of this is clear cut, remember OJ's trial.

In your situation evidence of drug trafficking was observed and seen.  Con both parties be connected to it ?  That will be based on proximity, if it was in plain view, statements from other parties involved, histories, additional evidence such as fingerprints and who's apartment was it ?  It is not a stretch to suspect that two people in an apartment with drug trafficking paraphernalia in plain view would both not know what was going on ?  Now does suspicion ultimately reach conviction ?  Again when the entirety of the case is shown or brought before a court then and only then we it be known for sure.  However i can say that in similar situations the charges have been brought and convictions handed down. I have also seen stronger cases not convicted.  As to the money that is both possible evidence of a crime and or possible proceeds and was probably seized under that theory.  The seizure of money  is normally a civil charge in which the proof is preponderance of the evidence.  The mere fact that someone provides an explanation for the source of the money is not normally sufficient for an arrest. However false statement about the source of the money could be considered an obstruction or a conspiracy.  Again it will depend on the totality of the information and evidence. One singly item is rarely enough.

Sorry i can't be more specific.

Good luck

robin