QUESTION
Is it fair to assume that Woman #1 can/may be arrested, may be charged, may be the one to bear the burden of the fact Woman #2 had the drugs?
Asked on Apr 23rd, 2013 on Criminal Law - Michigan
More details to this question:
Woman 1 is driving her own car. Woman 2 (woman 1 sister) is passenger. Unbeknownst to Woman 1, Woman 2 has sandwich bag of marijuana in her luggage. Woman 1 is stopped by police officer for speeding. Police officer asks if he may search vehicle. Woman 1 says no problem. Police officer asks if any drugs, etc. to be found. Woman 1 says no. Police officer locates marijuana in Woman 2 luggage. Even if Woman #2 says the drugs are hers, are there still ramifications for Woman #1 potentially? My fiancé takes her daughter (adult) and daughter's two kids (young minors), along with fiancé sister to out of town event. After the fact, discovered that Woman #2 took marijuana with her in car to event. I want to address this with Woman #2, not only as being ignorant and just plain wrong, but potentially put Woman #1 in harmful way, potentially children taken into custody, etc. with her seemingly ignorant actions. Woman #2 was plain wrong for our purposes no matter what, but if it exists, I'd like to also apply the law in my argument when I discuss this with Woman #2 in the very near future! Her cavalier actions potentially placed others in harmful ways and I want to know more than "I don't like it" to have the discussion with Woman #2. Appreciate your help and guidance.
4 ANSWERS
Yes, woman #1 can be charged with possession of marijuana because the marijuana was in her vehicle and she had access to it. This happens all the time 1 person has drugs but everyone in the car gets charged with possession.
Answered on Apr 29th, 2013 at 4:07 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If Woman #1 has been cited, arrested and/or charged, Woman #1 needs an attorney. Talking to Woman #2, who evidently has no common sense and no understanding of what is right and wrong, from your description of her having a Cavalier attitude, will be a complete waste of your time.
Answered on Apr 25th, 2013 at 11:54 PM
Thomas Edward Gates
If Woman #1 has not been charged is a good sign. Because the drugs were found in luggage belong to a specific person, Woman #1 has a defense; especially if Woman #2 is truthful and states that the drugs are hers and Woman #1 did not know that the drugs were in the luggage.
Answered on Apr 25th, 2013 at 3:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is little question that the actions of woman number two could potentially cause charges to be brought and therefore defense costs incurred by woman number one, although it would seem unlikely under the circumstances given that a conviction could be sustained against woman number one. Regarding the fact that there were minor children in the car, I assume the children of woman number two, it is certainly possible that if she is taken away and incarcerated at the children would be subject to being placed with relatives or through social services.
Answered on Apr 25th, 2013 at 3:34 PM