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I was out on the street one night with my buddy who asked me to hold a baggie for him while he talked to another dude on the corner. Then he asked me for the baggie so I gave it to him. The guy he sold to turned out to be a cop. Those weren’t my drugs but they arrested me and charged me with selling. Isn't possession the worst they can get on me?

Nope. If you knew you were holding drugs, you would be as guilty of sale as your buddy, Ron. It’s called aiding and abetting a felony. Your only hope of getting off on this charge would be if you could create reasonable doubt in a jury’s minds whether you knew you were holding drugs for Ron. I see no chance of denying that you knew a sale was happening under these circumstances if you knew it was drugs you were holding.

Aiding and abetting a crime means that you are knowingly helping someone else commit a crime. You don’t need a profit motive to aid and abet. You just need to know you are assisting someone in doing the crime. It applies to any kind of crime, by the way. If someone tells me that he’s going to kill his wife and asks me to pass him the bullets for his revolver, and I do it, I have aided and abetted murder if he carries it out.

Has it occurred to you by now that your “friend” intentionally put you in danger of going to jail (for free, no less) in order to decrease HIS chances of going to jail? That’s the only reason a dealer has someone else hold his drugs when he is out selling. You need to pick your friends more carefully and think twice about getting involved with drug sales.



(Updated August 30, 2007).
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