QUESTION
Can I get a possession charge dropped if the illegal drugs were found in car that I don’t own?
Asked on Nov 09th, 2012 on Criminal Law - Florida
More details to this question:
Cops had searched my girlfriend’s car and found ecstasy. Now, I am being charged with it since I was driving the vehicle.
11 ANSWERS
John J. Carney
You should retain a good criminal lawyer. The owner of the car is suspected to possess drugs hidden in the car, but everyone can be charged. These are difficult cases to prove for both the defense and the prosecutor unless one of the parties has admitted possession. That is why the police manipulate the people in the car or house to admit to who owns the contraband. The jury could find the evidence insufficient for both or the defendants may take a plea bargain. Often the one who owns the drugs pleads guilty and the other case is dismissed.
Answered on Nov 18th, 2012 at 6:35 AM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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You need a good lawyer to fight the case for you.
Answered on Nov 14th, 2012 at 7:51 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 13th, 2012 at 8:53 AM
Not unless you hire a good lawyer, and you should do it soon before you make a wrong move, like open your mouth to the wrong folks and incriminate yourself further.
Answered on Nov 13th, 2012 at 8:52 AM
Michael J. Breczinski
Well that depends on why they search the car. However the facts theat it was not your car bolsters a defense that you did not know about the drugs and are therefore not guilty. You have to know about the drugs to be guilty.
Answered on Nov 13th, 2012 at 8:51 AM
1 Award
There is no way to force a prosecutor to drop charges. You can make the arguments about the ecstasy not being yours in trial. You should hire a lawyer to help you.
Answered on Nov 13th, 2012 at 2:59 AM
Yes you can, because in Colorado possession does not mean ownership, but possession and control. You may have a defense to the charge if you can prove you didn't know they were in the car.
Answered on Nov 13th, 2012 at 2:46 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Possession is a fact based determination. Therefore circumstantial factors will determine whether or not you can be convicted of possession in your case. Your lawyer should file a motion to suppress the evidence and make the argument that you had no knowledge of the drugs being inside the vehicle. Knowledge is an element of possession and like all elements of any charge, they must be proven beyond a reasonable doubt. If the drugs were in a secure place of the car such as the trunk or glove compartment your chances will be better than if the drugs were on the seat next to you. These are extreme examples of two ends of a spectrum that your facts probably fall in the middle of.
Answered on Nov 13th, 2012 at 1:00 AM
Gary Moore
The driver controls the car and is presumed to possess what is in the car unless the presumption is rebutted.
Answered on Nov 13th, 2012 at 12:35 AM
It doesn't matter if the drugs were found in a car that you don't own, if the police believe they were yours. You need to hire a criminal defense attorney to represent you. Since you were driving someone else's car, your attorney would argue that there is reasonable doubt that the drugs didn't belong to you. Don't plead guilty. Hire an attorney or ask for a public defender to represent you.
Answered on Nov 12th, 2012 at 10:53 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, that is not a reason to have a possession charge dropped if one can be said to have had constructive possession of a controlled substance. Dominion and control as well as proximity are very important.
Answered on Nov 12th, 2012 at 10:39 PM