QUESTION
why am I charged with possession if the drugs aren't mine and were not found in my car?
Asked on Apr 09th, 2013 on Criminal Law - Michigan
More details to this question:
A friend was driving my car. I was tailing her. We both ran a stop sign. The police stopped both cars, found drugs inside her person and a scale under the front of the driver’s seat. She said they were mine. No drugs were found in the car I was driving. I was arrested for possession. How?
8 ANSWERS
Michael J. Breczinski
Because she said they were yours. You need to fight the matter since it is a shaky case. Get a lawyer.
Answered on Apr 11th, 2013 at 10:40 AM
Simple. Your friend accused you, and the cops bought it. Time to hire a lawyer.
Answered on Apr 10th, 2013 at 2:16 PM
Thomas Edward Gates
Because it was your car.
Answered on Apr 10th, 2013 at 2:15 PM
Your arrest was most likely because the car was yours and your friend's statements to the police.
Answered on Apr 10th, 2013 at 2:15 PM
James Edward Smith
It's called constructive possession.
Answered on Apr 10th, 2013 at 11:44 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Clearly, you are being charged, and it will be an issue of fact as to who was the owner of the illegal property.
Answered on Apr 10th, 2013 at 11:43 AM
3 Awards
That sounds like a good case to take to trial. The police only need probable cause that you possessed the drugs. This means that you knew of the drugs and had some sort if control over them. In this case, a conviction depends on the jury believing the one driving you car.
Answered on Apr 10th, 2013 at 11:42 AM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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You were charged because the police turned a report over to a Prosecuting Official and they determined, in their discretion, there was probable cause that a crime was committed. Whether the case can be proven in Court is another question. Obtain an experienced and capable Attorney to protect your legal rights.
Answered on Apr 10th, 2013 at 9:32 AM