QUESTION

Can my son be charge if they found some kind of drug bag from the truck he borrowed?

Asked on Mar 09th, 2014 on Criminal Law - Georgia
More details to this question:
My 18 year old son borrowed a truck from a friend but he has no license. He got pulled over for speeding and now going to jail for that. They searched the truck and found some kind of drug bag. So they went to the ownerโ€™s house and searched it found more drugs. Now there are trying to put on them charges on just my son. And no one else went to jail or having any charges. Can they really do this?
Report Abuse

5 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Yes, the question is if they can be succeed in the prosecution against your son. He needs an attorney to defends himself.
Answered on Mar 11th, 2014 at 3:00 AM

Report Abuse
Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
Update Your Profile
Yes, the police can charge your son with drug possession if they found drugs or drug paraphernalia in a vehicle he was driving.
Answered on Mar 11th, 2014 at 3:00 AM

Report Abuse
Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
Update Your Profile
They can and often will. Anyone can be charged. It is one thing to be accused, it is another matter entirely to have your guilt proven beyond a reasonable doubt. They are probably charging him under the theory of "constructive possession" meaning that they knew the drugs were there and had reasonable access to them. The fact that the truck wasn't his would be good circumstantial evidence of his innocence. There may also be grounds to challenge the search and seizure of the drugs. Only an experienced criminal defense attorney that regularly handles drug crimes could fully answer that question and what your options are and likely outcomes after thoroughly evaluating the evidence and police reports. Consult with an attorney as soon as possible and do not talk to the police in the meantime.
Answered on Mar 11th, 2014 at 3:00 AM

Report Abuse
Criminal Law Attorney serving Royal Oak, MI at James S. Lawrence
Update Your Profile
He can be charged, but the case against him is not as strong as many cases they bring. Legally, possession must be "knowing" possession to be a crime. However, a jury may infer knowing possession from the fact of possession. You need to find experienced representation in your area because this could go very well, or very badly.
Answered on Mar 11th, 2014 at 2:59 AM

Report Abuse
Absolutely, especially if he forgets he has the right to remain silent and cops himself out. Remember, no matter what he says it will be twisted around and used against him later.
Answered on Mar 11th, 2014 at 2:59 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters