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If a vehicle search results in the discovery of illegal drugs, it can result in significant legal consequences. I'd recommend that, if you suspect you may be charged, that you contact a local defense attorney for a free initial consultation. The Indiana Code criminalizes the possession, distribution, and manufacturing of controlled substances. If drugs are found in your car who is responsible for drawing. If Drugs Are Found In A Car Who Is Responsible? Answer questions with their guidance and follow their advice. How can you fight a drug possession charge?
If Drugs Are Found In Your Car Who Is Responsible For Passing
In those circumstances, the passenger's case could be dismissed, or else we could try the case and blame the driver for the contraband. All but the very weakest cases have a finding of probable cause and proceed past this part of the case. If you have been arrested on false drug possession charges, do not make any further statements to the police. If the standard operating procedures are not followed or the towing of the vehicle was not necessary, the search, and evidence found as a result of the search, may be suppressed. Understanding Actual vs. What happens to the passenger if drugs are found in a vehicle. If the police stop your car and find drugs on a passenger or in the floorboards of your car, you can be arrested for drug possession.
Alternatively, perhaps the state has a very strong case against my client, and we are going to agree to negotiate a plea agreement in the case. Since a drug charge is dependent on evidence of drugs, suppression of the evidence will often lead to dismissal of the charges. An arrest on charges of drug possession, while serious, does not mean that you are automatically guilty. At trial, Officer Beckham described the compartment as "directly to the right" of Tate, accessible to Tate and the front-seat passenger but not the backseat passenger. The registered owner of a vehicle has a reasonable expectation of privacy therein. You might argue that you did not have knowledge of the drugs found in your friend's car, trunk, or duffle bag. Actual possession means the officer found drugs on an individual. The Court found that a rational jury could infer that the owner and driver of a vehicle possessed the controlled substance found in the vehicle in plain view even when there were two other passengers. If drugs are found in your car who is responsible for building. If it is addressed for them, it is usually done through the court system in an in-custody treatment program called Safety to Substance Abuse Prevention. If two people share a space, then the state has to show that the contraband in question has an affirmative link to one or both of those people in order to get a conviction on the case. Actual possession occurs when you are in direct physical possession of the drug. If a Colorado police officer found drugs that were not actually yours, it is imperative that you take immediate action to protect your legal rights.
If Drugs Are Found In Your Car Who Is Responsible For Drawing
If you were arrested for a drug offense in Indiana, call Eskew Law, LLC. Tate was pulled over by Detective Beckham due to his outstanding warrants. Typically, in order to search a person or place, the police need a warrant. Were you present during the search? Can A Passenger Be Charged If Drugs Are Discovered In The Vehicle. However, you should cooperate with officers through the process until you can call our office and speak to a criminal defense attorney. This can also involve planting marijuana seeds, watering the plants, and harvesting them. Vehicle Searches and Consent. Their severity will depend on whether this is an individual's first offense and on the amount and type of drugs apprehended. What are the Penalties for Constructive Possession?
What does it mean to 'possess' drugs? Charges under the concept of "joint" or "group" possession. Did an Illegal Drug Search Occur? Meaning, law enforcement lacks concrete proof of you using the drugs or even knowing about their existence.
If Drugs Are Found In Your Car Who Is Responsible For Building
If they don't smell marijuana (which almost never happens) and the marijuana is is not plainly visible, you have a better chance. If you encountered the police while driving a car, and during the encounter, drugs are found, your lawyer will first want to determine if there is a search and seizure issue. Do Drugs Found in a Car Automatically Belong to the Driver. If your friends are unwilling to comply with your rules, don't let them in the car. Anything you say can be used against you in court.
How do criminal defense attorneys defend the passenger in a vehicle where illegal drugs are found? Decision of the Criminal Court of Appeals—Evidence is Legally Sufficient Where a Rational Jury Could Infer Guild Beyond a Reasonable Doubt. The Police Searched My Car. Call us directly at 973-239-8000 for our Verona office or 609-494-8884 for our Long Beach Island Office to schedule your initial consultation. 58-37-2 addresses the concept of constructive possession. What If You Cross State Borders? "Those drugs aren't mine, I swear! If drugs are found in your car who is responsible for passing. Constructive possession means you didn't own the drugs but were aware of their presence in the area where they were found by police. What if the Drugs Aren't Mine? At Rittgers Rittgers & Nakajima, we provide initial consultations to people charged with drug crimes in Ohio.
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Often, a person will be stopped for a traffic infraction and either arrested for OVWI or some other crime or the officer will discover a warrant and place the person under arrest. Traffic stops are the most common reason for people to have contact with the police. However, the state may not have enough evidence to establish an affirmative link between the passenger and the contraband. This could elevate the offense to a federal drug crime, and depending on the amount of drug present, could also lead to drug trafficking charges. What if you are driving a friend's car? 4) Did you know about the presence of the drugs, or were you unaware?.
If you want to learn more, or know someone who might be facing this, reach out to myself or the team at Liberty Trial Law and we can talk about the details. Generally, this means the drugs are discovered in a person's house or in their vehicle. Possession and constructive. Criminal defense attorney can be vital to a successful outcome in your. By arguing or fighting with the arresting officers, you can quickly escalate the situation and find yourself getting charged with additional crimes. Even after being stopped for a traffic infraction, police officers are not permitted to search your vehicle simply because they feel like doing so. The police usually search a vehicle that they have stopped when they say that they smell an odor of marijuana. When arresting someone, they are tasked with obtaining evidence to build a case against that person. The same could be said about drug possession prosecutions. Whose fingerprints or DNA are on the drugs?
Charges of Possession or Trafficking. What will make it even worse is that if you weren't even aware of the drugs being in your car and were still prosecuted for it. This is because they have control over the car and thus, constructive possession of the illegal drugs. If there are enough drugs, and other "indicia of intent to sell" you can also be charged with delivery of drugs, a much more serious crime. There is always going to be another way for them to get where they need to go, but there might not be an easy way for you to get out of a drug charge if something is found in your vehicle.