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It is fairly common for a prosecutor's office to file charges against multiple occupants of a vehicle when officers find illegal substances in the vehicle during a traffic stop. This article will help you understand how you can help yourself if drugs are found in your car. Police officers may only stop your vehicle if evidence reasonably suggests a crime has been committed, even if that crime isn't drug-related. Do not resist arrest or try to argue your way out of an arrest.
If Drugs Are Found In A Car Who Is Responsible? It's crucial to know your rights and know what to do to protect your future. Your attorney will be handling everything on your behalf so no need to make things further complex. If you are arrested for any type of drug possession, you may be surprised to see how quickly a plea agreement is offered to you. Under your Fourth Amendment rights as outlined by the U. S. Constitution, individuals are protected against unreasonable searches and seizures. California's Proposition 47 encourages courts to assign substance abuse treatments instead of jail time for drug possession crimes. DISCLAIMER: This post is intended to share my perspective, insights and some general information on various aspects of criminal cases. Drug Possession Charges: Three Mistakes You Must Avoid. Often, when police find drugs in a home or vehicle, the owner or occupant is the primary suspect. If the police have conducted an illegal search, they are already on thin ice and your attorney may help you walk free.
There is also the option of community supervision (which is also known as probation), as well as deferred adjudication for drug crimes that do not involve deadly weapons. Know that if drugs are found in your car, you will be the one getting arrested for drug possession. The only person who can help you now is a criminal defense attorney lawyer. Provided you have knowledge of the drugs, and the right to control them, you can be charged with possession of drugs that are not actually in your purse or pocket. If that item turns out to be drugs, then you are most likely going to be charged with possession.
If drugs are found in your car, this can equate to a possession charge, even if you aren't the person in possession of the illegal substances. 24 grams of methamphetamine. Your roommate exercises his Fifth Amendment right to not say anything. Be charged with drugs found in the possession of another person. Actual Possession v. Constructive Possession. See Arizona v. Gant, 556 U. S. 332). What Can You Be Charged With if Drugs are Found in Your Car? Keep in mind that in the absence of proof of actual possession, constructive possession may be demonstrated by facts within the case that support an inference of the defendant's knowledge of the presence of the controlled substance. Next is what I call the preliminary stages of the case. Meaning, law enforcement lacks concrete proof of you using the drugs or even knowing about their existence. Police officers may not stop a vehicle for the purpose of searching it unless they have a specific reason to believe it will reveal evidence of a crime.
Sentencing is when the court imposes a punishment on the defendant after they have been…. The state's attorney decides whether they want to have a preliminary hearing, or a grand jury. Unfortunately, that is not the case. Actual possession means police found the drugs on you, perhaps in a bag you were carrying or in a pocket or elsewhere on your clothing. Drug Crimes Lawyers Providing Vigorous Defense Against Erroneous Drug Possession in Ann Arbor, Detroit, Grand Rapids, Lansing and Throughout Michigan. The person found with the drugs might claim that someone else in the car planted the drugs on them. Cases, the driver may know about the drugs and also have the ability. Successful completion of the program will allow a person to get their case dismissed and be eligible for an expunction. There is a variety of different ways that they can make the charges more serious. If they did not have probable cause, any evidence gathered during the search could be excluded from your case. With over a decade of experience, our skilled Indianapolis criminal defense lawyers can help craft a defense strategy that is customized to the facts of your case and your goals. What if you share the car with friends or family members? Tate was arrested after officers confirmed his outstanding warrants. Because these are difficult points for the prosecution to prove, your defense attorney has an opportunity to build a good defense for you and fight a stronger case.
If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. If the defendant's personal items are found close to, or with, the drugs. Ability to exercies control or dominion over the drugs, then each. Search Incident to Arrest – If a person is arrested and was in a vehicle, if the police have reason to believe that evidence directly related to that crime is in the vehicle, they can search the car without a warrant. An arrest on charges of drug possession, while serious, does not mean that you are automatically guilty. Generally, that is a mandatory twelve years up to sixty years in prison. Schedule II: Less addictive street drugs or pharmaceutical drugs with a "high potential for abuse" such as cocaine, PCP, methamphetamine, morphine, oxycodone, hydrocodone, and codeine. For example, when illegal substances are discovered in your vehicle, it is automatically assumed you accept some level of responsibility, even if the drugs found were the property of the other passengers. While it might not be easy, it is important to let them know you are uncomfortable with the idea of carrying illegal substances in your car. Between the Driver and Two Passengers, who is in Possession of the Drugs Found in the Middle Compartment in Plain View? Your friends might not inform you that they are bringing illegal substances into your vehicle, but in other instances, they may alert you. Call us directly at 973-239-8000 for our Verona office or 609-494-8884 for our Long Beach Island Office to schedule your initial consultation.
In such a case, as always, the facts are very important. If you want to learn more, or know someone who might be facing this, reach out to myself or the team at Liberty Trial Law and we can talk about the details. These include proving that you didn't know the drugs were present; that you didn't know the drugs were illegal (perhaps they were doctor-prescribed); or that police lacked the legal right to search you or your property. It's also important to understand that the quantity of illegal or prescription drugs can also lead to an intent to distribute charge.
How can you fight a drug possession charge? In addition, even if you play no part in the actual manufacturing process, you can be prosecuted under this law if you in some way finance the manufacture of the drug, such as purchasing equipment or ingredients. The police will never believe you even if you keep yelling "drugs found in car not mine", they hear that more than often, so do as aforementioned and get yourself an experienced attorney ASAP! Every drug case requires a preliminary showing of probable cause to go forward. Without a prescription, the possession or trafficking of a pharmaceutical drug is illegal. Actual possession may create a stronger case that constructive possession. For example, if the police received an anonymous tip regarding criminal activity or observed vehicle occupants using drugs, it's likely that a court would uphold a search as valid. But facing criminal prosecution does not mean giving up hope.... Reasons to Hope. They then search the car and find a baggie of marijuana in the front seat. Where exigent circumstances require action before evidence is destroyed. How to Protect Your Rights. Also be attributed to the driver under principles of "joint" or "group". Each case has unique circumstances, but typically hinge on the length of the detention prior to the canine unit arriving on the scene. The drugs do not have to be found on your person in order for you to be charged.