Other Criminal Charges & Offenses Tobacco product in penal facility grounds for felony charge?

[pbj2015]

If tobacco is found in a jail cell occupied by 2 inmates, can either be charged with felony in outside court or is this an issue which should be handled internally? One inmate has been charged but was not present when cell was searched and said contraband was supposedly discovered. The other inmate was a new occupant to cell as of that morning when cell was searched and previous cell partner had been removed from the cell the previous evening.

 

[army judge]

It can be handled in all of the ways you discussed.
The answer, it depends.
Both people could be charged, if both shut up, it could make it all go away because absent a rat, it's harder to prove who it belonged to, or if some other person planted it there for revenge.
You know what to do if charged. Say nothing, ask for a lawyer.