QUESTION
What can I do if I got arrested for an empty baggie on the car I was driving with the owner?
Asked on Dec 10th, 2013 on Criminal Law - Michigan
More details to this question:
I got arrested because the cop said that "whoever is driving the car goes to jail" even when the owner of the vehicle is the passenger. I had no idea that there was anything in the car. I got arrested and the owner was not.
7 ANSWERS
Michael J. Breczinski
This is an idiot ruling. The person who's bag it was is the guilty one. Where was the bag found?
Answered on Dec 18th, 2013 at 4:29 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get a good defense attorney, the authorities have to prove their case and you do not want the criminal record.
Answered on Dec 16th, 2013 at 6:51 PM
James Edward Smith
Driver.
Answered on Dec 16th, 2013 at 6:44 PM
They could charge either or both of you. There appear to be a few strong defenses for you, but it's no easy task. Consult with some local attorneys. Most offer free consultations.
Answered on Dec 13th, 2013 at 8:04 PM
Criminal Attorney serving Houston, TX
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The Montes Law Firm
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The State must prove care custody and control. From what you state it is going to be rather difficult to prove that you knew about it, unless of course your friend sold you down the river. If you did not know about it, how can you have care custody and control? You need to hire a good criminal defense attorney to help you.
Answered on Dec 13th, 2013 at 8:03 PM
Police can (and often do) arrest everyone in the car and everyone gets charged with possession of drugs/drug paraphernalia that are found in the car, based on the assumption that you all had access to and control over the drugs. You need to hire a lawyer as soon as possible to represent you. Your attorney will be able to get the charge dismissed or amended to a lesser offense, such as "Littering." You will have to pay a fine, but you probably won't have to appear in court.
Answered on Dec 13th, 2013 at 8:01 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Often they will charge everyone who is in the car with possession under the theory of constructive possession, meaning you knew where it was and had reasonable access to it. This also works as a tactic to pit the co-defendants against each other and force one or more to point fingers at the other one in exchange for having the charges against them dismissed. Retain an experienced criminal defense attorney in your area who can review your case for any legal or procedural errors that could be used as leverage when negotiating with the prosecutor or to get the charges dismissed.
Answered on Dec 12th, 2013 at 7:20 PM