A noticeable odor of drugs in the vehicle. Actual possession means police found the drugs on you, perhaps in a bag you were carrying or in a pocket or elsewhere on your clothing. What Can You Be Charged With if Drugs are Found in Your Car? At Grabel & Associates, we have a winning track record in obtaining positive results for our clients. Sometimes, the Indianapolis police suspect that you are going to sell, distribute, or otherwise deliver a controlled substance but have no overt evidence of a delivery. The lack of intent to possess drugs is not a defense, but unwitting possession can be a defense to criminal charges. It is not legal advice and is not intended to substitute for legal advice. Your vehicle is within your dominion, so it is expected that you know what's in it. If you find yourself in a situation where drugs were found in your car, we can help.
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How often do you go in the front yard? Sale to pregnant women is an enhancement. If you are facing any of these complicated charges, you should call a drug crimes lawyer immediately. Between the Driver and Two Passengers, who is in Possession of the Drugs Found in the Middle Compartment in Plain View? Instead, you may receive a ticket and summons for simple possession. At most, provide the police officers with your name and basic personal information that you are legally obliged to, that's it. What this means is that if a police officer stops your car and smells the odor of marijuana, the officer has probable cause to believe there is marijuana in the car and they can search the car and containers within that car for marijuana. For instance, if five (5) people live in a home and drugs are found in the master bedroom closet in dad's shoe in the adult male's side of the closet among his clothing and other personal effects, the court must still dismiss the case because the other four (4) people residing in the home could have put the drugs in the shoe if they all had equal access to that closet. Once you've hired an experienced drug crime lawyer, he or she will be looking for various ways to defend and win your case. Drug laws can be complicated, especially constructive possession laws. Remember, under your Miranda Rights; you have the right to remain silent and to speak with an attorney. He found the syringe in "plain view" in a compartment underneath the air conditioner and heating controls. Other cases, the drugs may have been left behind by a former passenger.
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You have conflicting interests and you should have separate attorneys. What you say and do can and will be used against you if the prosecuting attorney ultimately decides to file charges. The police may then arrest you for possession with intent to distribute (PWID). Crossing state lines with illegal substances in your vehicle could aggravate the charges to a federal offense, and you could be charged with drug trafficking. Also, drugs found in the front yard would not be in close proximity to you personally. A free, confidential drug defense consultation may reveal that the evidence was obtained illegally, which may result in your case being dropped. The criminal defense lawyers at Rittgers Rittgers & Nakajima are experienced in contesting warrantless or illegal searches and seizures.
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If you're facing a New Jersey drug offense, this can be frightening. Not even in your worst nightmares, you want to be arrested for possession of drugs while on the road. To avoid trouble with law enforcement, be vigilant and seek to know what your friends bring into your vehicle.
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A drug charge is serious business and can ruin your clean record and future opportunities. If police found drugs which were not yours, contact the Neal Davis Law Firm for a legal review of your case. Get your questions answered - Call now for FREE case evaluation (815) 290-9170. Both the United States and Ohio Constitutions protect against unreasonable search and seizure. If that item turns out to be drugs, then you are most likely going to be charged with possession. The police searched Tate, the two passengers, and their belongings, but did not find any weapons or contraband.
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Your lawyer will review your case and the terms of the agreement. In one case, an apartment owner came into court and admitted under oath that the cocaine belonged to them. Yes, it is possible for you to be arrested, charged and convicted of a drug charge for drugs found anywhere inside a car you are driving. The federal court system does not recognize the affirmative link defense. The police may impound and inventory the items in your vehicle after a drug arrest.
That creates an uphill battle, although there are still things to argue. Prosecuted for criminal charges. Type: Controlled dangerous substances (CDS) in New Jersey are categorized into five "Schedules" and are classified according to the potential risk for abuse. Drug Possession Charges: Three Mistakes You Must Avoid. 06 Jan Vehicle Searches in Indiana.
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