QUESTION
Do you get charged if someone you're riding with possesses illegal drugs?
Asked on Feb 18th, 2012 on Criminal Law - Michigan
More details to this question:
If you're in a car and the driver or passenger has drugs on them, do you go to jail with them even if you do not know about them? Drugs include, cocaine, to illegal prescription pills.
8 ANSWERS
Michael J. Breczinski
If they have an idea that you knew that the person had the drugs on them and were helping them, then yes you could be charged. If this happens then you need an attorney.
Answered on Feb 29th, 2012 at 10:53 AM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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Unfortunately, the officer on the scene makes the decision on who to arrest, right or wrong. To answer your question, yes there is chance of arrest if the officer believes others in the car were in constructive possession of the illegal drugs. Whether someone not actually caught with the drugs on them can be convicted of a possession charge is a completely different question. Those cases can be a lot of fun for experienced defense attorneys.
Answered on Feb 28th, 2012 at 3:55 PM
If you did not possess the drugs and there is nothing to suggest that you knew about them or had any connection with them, you should not get charged. You may wish to consult with an attorney regarding the specific facts of your case to get further advise.
Answered on Feb 27th, 2012 at 2:35 PM
Jacob P. Sartz
I'd recommend you retain a lawyer to help you with this matter. Yes, an occupant could be charged, potentially; however, it depends on the alleged facts. It is fairly common for a prosecutor's office to file charges against multiple occupants of a vehicle when officers find illegal substances in the vehicle during a traffic stop. I'd recommend that, if you suspect you may be charged, that you contact a local defense attorney for a free initial consultation. What you say and do can and will be used against you if the prosecuting attorney ultimately decides to file charges.
Answered on Feb 27th, 2012 at 12:46 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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If you are the driver, you are responsible for all passengers and the content of your vehicle. However, lack of knowledge may be a defense. There are a number of michigan cases which would result in a dismissal for the driver where a passenger or unknown person ditched their drugs in the car after the police pulled up. The facts will lead to whether or not there is a good defense.
Answered on Feb 27th, 2012 at 12:08 PM
You should not be charged with anything if you did not possess the drugs. Charging a person in the car who does not possess drugs can be a tactic to get the person to testify against the person with the drugs. Do not speak to police until you hire an attorney.
Answered on Feb 27th, 2012 at 11:26 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, you can charged for loitering where drugs are used, stored or kept. Common crime for drugs found in a car or on a person in a car.
Answered on Feb 27th, 2012 at 10:52 AM
Gerald Lykins
This depends on where the drugs are found and what is said to the officer(s) during questioning. However, you can look to the definition of Possession contained in CJI2d 12.7 which states: that possession maybe joint, where two or more people each share possession.
Answered on Feb 27th, 2012 at 10:23 AM