Yeah they can be.
In this case however, it’s just Nick being retarded.
He’s not charged with TAKING cocaine. He’s charged with possession.
As Sweep said, she regularly works around people’s criminal cases. But Nick as always thinks he’s smarter than anyone else, and somehow thinks that his brilliant (non practicing attorney) legal skills will result in the jury going: “Your honor, since we can’t prove that a burglar didn’t break into the house and put the cocaine there without the Rekieta’s knowing about it, we find the accused not guilty!”
And then the judge bangs the gavel and sentences Sweep to pay Nick a million dollars or something.