Can I be convicted of cocaine possession if I am a passenger in a vehicle and cocaine is found on the driver but not on me or in the car?

You can be convicted of possessing cocaine while a passenger in another\'s vehicle if the jury determines that you had actual or constructive possession of the drug. Since the cocaine was on the driver\'s person, you did not have actual possession of it. The state will have to prove you had constructive possession of the drug. Constructive possession occurs when a person knowingly has ownership, dominion or control over the drugs. You can be found to be in constructive possession of the drugs if you knew the driver had them and you had the ability to use them or control their destiny, meaning guide them to wherever they were going next. You could also be found guilty if the jury determines you facilitated or aided and abetted the driver\'s possession of the cocaine -- such as by providing the drugs to him or her or setting up the purchase for the driver with a third person. However, if you had no knowledge that the driver had cocaine on him and had no role in coming into possession of them, you are not criminally responsible. Mere presence at the scene of a crime is not enough to establish guilt. Possession of cocaine is a serious offense and one that will stay on your record if you are convicted by a jury. You should consult with an experienced defense lawyer in your area who can best advise you as to whether you have serious criminal exposure and/or a valid defense in this matter.