QUESTION
What can happen to me if I was charged with possession of drugs that was found in car that is not mine?
Asked on Sep 13th, 2012 on Criminal Law - New York
More details to this question:
I am on probation. I never been in trouble. I was driving my girlfriend’s car, was pulled over and they searched the car found drugs. Her cousin has the car earlier, admitted to her he left them in there but he does not want to come forward. My pass is not good but I have been doing the right things since I have been home.
16 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You'll have to fight it.
Answered on Jun 27th, 2013 at 9:05 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can get jail or prison depending on whether you are on misdeamenor or felony probation.
Answered on Sep 26th, 2012 at 11:38 PM
Michael J. Breczinski
Get an attorney and fight the matter. They have to prove that those were your drugs beyond a reasonable doubt. Several people have had use of that car. Get that fact out at trial.
Answered on Sep 18th, 2012 at 5:46 PM
Either cousin confesses or you're "toast."
Answered on Sep 18th, 2012 at 5:46 PM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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This is a credibility issue. If you had no guilty knowledge of the drugs being in the car, and you did not possess them 'constructively,' you are innocent. But, you must be believed. Your past record of a criminal conviction will not help you, but the real question is one of actual or constructive possession, by you. You did not have actual possession of the drugs, but you may have constructively possessed them, by knowing they were in the car, having access to them, and desiring use of them, at some later point in time Your guilty knowledge must be proved beyond a reasonable doubt.
Answered on Sep 18th, 2012 at 5:45 PM
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 law 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 Sep 18th, 2012 at 5:45 PM
Michael Paul Vollandt
Try to speak with the Deputy District Attorney handling your case, but you should speak with an attorney in depth before you to that.
Answered on Sep 18th, 2012 at 5:44 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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Take a drug test and pass, that would go a long toward proving the drugs were not yours.
Answered on Sep 18th, 2012 at 5:43 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You sa that you have never been in trouble, why then are you on probation? I would have to see the facts of your case. My advice... get an attorney.
Answered on Sep 18th, 2012 at 5:43 PM
Jail, that's what can happen to you, and a criminal record. Time to shop for an attorney pal.
Answered on Sep 18th, 2012 at 5:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to defend yourself, deny the drugs and, if necessary, have your girlfriend testify as to her cousin's admission if he will not take responsibility. Get an attorney and good luck.
Answered on Sep 18th, 2012 at 5:42 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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If the car was not yours and there is no evidence to link the drugs to you, you may be able to beat the charge. Make sure you hire a good lawyer.
Answered on Sep 18th, 2012 at 5:42 PM
Leonard A. Kaanta
You will probably face a probation violation.
Answered on Sep 18th, 2012 at 5:41 PM
Gary Moore
You need to hire a good, criminal lawyer who will know how to solve your problem.
Answered on Sep 18th, 2012 at 5:39 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is hard to imagine how you are on probation, but have never been in trouble. Get an attorney.
Answered on Sep 18th, 2012 at 5:38 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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You can be convicted based on the automobile presumption. A conviction automatically violates your probation. I suggest you retain a good criminal defense lawyer. I am a former federal and State prosecutor and now handle defense if you are looking to hire someone to help you.
Answered on Sep 18th, 2012 at 5:37 PM