QUESTION
Can I be charged with possesion if I don't own the car I was driving and had no knowledge of the majiuana in the vehicle?
Asked on Feb 26th, 2013 on Criminal Law - California
More details to this question:
Can I be charged with possesion if I don't own the car I was driving and had no knowledge of the majiuana in the vehicle?
11 ANSWERS
Michael J. Breczinski
You can be charged but can they prove the matter.
Answered on Mar 01st, 2013 at 8:58 AM
John J. Carney
Everyone in a car or house can be charged with "constructive possession" of contraband unless it was in the pocket of another person who then "actually" possessed it. You should retain a good lawyer to argue that you have no knowledge or "dominion and control" over the pot.
Answered on Feb 28th, 2013 at 4:02 AM
1 Award
Yes, you can be charged. The real question is whether you will be convicted. If a jury believes you that you had no knowledge of the marijuana in the car, then they will likely find you not guilty.
Answered on Feb 27th, 2013 at 9:43 PM
James Edward Smith
Yes if the police believe you did have knowledge of the stuff there. Possession is 99% of the law.
Answered on Feb 27th, 2013 at 8:40 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You can be charged; the question is whether the evidence is sufficient for conviction. You have some facts against you - you are in possession and control of the car. You have the keys. Did the cops say they could smell it? Was it hidden or in plain view? Etc. Hire a lawyer.
Answered on Feb 27th, 2013 at 4:03 PM
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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Generally crimes require a particular mental state at the time of the crimes commission. If there is evidence to prove that you were unaware of the existence of the drugs, there is a good chance the charges can be dropped. You should get in contact with a criminal defense attorney if you have not already.
Answered on Feb 27th, 2013 at 4:02 PM
Geoffrey MacLaren Yaryan
You can be charged, but your description of the circumstances would be a defense
Answered on Feb 27th, 2013 at 4:01 PM
3 Awards
You can be charged, but to be guilty, the prosecution must prove beyond a reasonable doubt that you knew there was marijuana in the car a good lawyer can win this or settle it right before trial
Answered on Feb 27th, 2013 at 4:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes you can be charged, but that does not mean you can be convicted. Get a good attorney and put in your defense.
Answered on Feb 27th, 2013 at 3:59 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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Yes. The state can arrest and charge you with a crime if there is probable cause - this just means that it is more likely than not that you committed a crime. The state may not, however, be able to convict you of the crime. A conviction requires that they prove the charges beyond a reasonable doubt. Moreover, in most states, drivers are legally presumed to be aware of the contents of the vehicle. It is possible that you could be charged with possession simply because you were operating a vehicle that contained narcotics or marijuana.
Answered on Feb 27th, 2013 at 3:59 PM
Yes you can, because most people dont know they have the right to remain silent, and the worst evidence comes from their own mouths. Hire a lawyer before you, too, fall into that category.
Answered on Feb 27th, 2013 at 3:58 PM