QUESTION
How can both of us be charged considering she wasn't around me with that spoon?
Asked on Jan 18th, 2016 on Criminal Law - Missouri
More details to this question:
I was in my wife’s car. She had a spoon with meth residue on it. When the cop pulled me over, he told me to go home. When I got home, he asked if he could search the car. I told him sure it’s my wife’s car, she moved out yesterday and came back today high, so I was heading to file paperwork to keep her away. As he was searching the car, he moved a box in the back seat and I saw the spoon. I alerted the officer then he charged both my wife and I she pled guilty. I had no knowledge initially of the spoon.
1 ANSWER
Usually when drugs or paraphernalia are found in a car, everyone in the car gets charged with possession because everyone had access to it, and the police presume that everyone in the car also had knowledge that it was there. They charged your wife because it's her car. They charged you because you were driving it. I highly recommend that you hire an attorney to represent you if you want to avoid ending up with a conviction for possession of drug paraphernalia.
Answered on Feb 17th, 2016 at 4:39 AM