Can I be charged a week later after a car crash for possession of controlled substance if it was not my car where the drugs were? 18 Answers as of May 21, 2013

After the accident, the officer never searched me because I was brought out on a backboard and the drug test came back negative. The owner stated that it was theirs.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
They can try to charge you but the test shows that you had none in your system and it was not your car. You should get an attorney and fight the matter.
Answer Applies to: Michigan
Replied: 11/1/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
A person can be charged at any time before the relevant Statute of Limitations expires. Whether you have a basis for a Suppression Motion or a good defense to the charge is a different story.
Answer Applies to: Pennsylvania
Replied: 10/31/2012
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
If you were in the car where it was found you can be charged. You need an attorney at once.
Answer Applies to: Georgia
Replied: 10/31/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
Yes, but you may not be convicted.
Answer Applies to: Nevada
Replied: 10/30/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
If you were alone in the vehicle, you are presumed to be in possession of any contraband which might be found in the vehicle you were driving. If the owner comes forward at trial and says the drugs were his, and that he had them secreted in said vehicle, then maybe you will be exonerated in this case.
Answer Applies to: Illinois
Replied: 10/30/2012
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    Yes, you can be charged with possession of controlled substance even if they were found in someone else's vehicle. The DA will have to offer evidence to connect you with the drugs, i.e., that you were a passenger in the vehicle when the drugs were discovered.
    Answer Applies to: California
    Replied: 10/29/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You may be charged. Conviction is another matter. Hire attorney or ask court for one.
    Answer Applies to: California
    Replied: 10/29/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can be charged with anything. Proving it beyond a reasonable doubt is another matter entirely. If you feel you have been charged unjustly, you need to seek out an experienced criminal defense attorney in your area as soon as possible to review the case against you.
    Answer Applies to: Michigan
    Replied: 10/29/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You can be charged a week later. The officer received some info that you do not know about.
    Answer Applies to: Georgia
    Replied: 10/29/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/21/2013
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer. You should hire an attorney and disclose all the facts and circumstances.
    Answer Applies to: New York
    Replied: 10/29/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes, you can be charged. The owner must step forward to claim the drugs as his and not yours.
    Answer Applies to: Washington
    Replied: 10/29/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If the evidence supports the charge, yes, you can be charged.
    Answer Applies to: Washington
    Replied: 10/29/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can. You better hire a lawyer before you open your mouth to the wrong folks and incriminate yourself. A case can turn from decent to bad in a matter of minutes if you make the wrong move.
    Answer Applies to: California
    Replied: 10/29/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    More facts are needed to fully answer. The charge must be investigated, and if it is not even possible for there to be a charge, the case can be subject to a C4 motion. You can be charged many months, and in some cases, years after an alleged crime
    Answer Applies to: Florida
    Replied: 10/29/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You CAN be CHARGED a week later. Get a lawyer. Someone else taking the blame does not necessarily solve the problem because the facts must satisfy the prosecutor that this person is being truthful.
    Answer Applies to: New Jersey
    Replied: 10/29/2012
    Prater, Duncan & Craig, LLC
    Prater, Duncan & Craig, LLC | John D Duncan
    You could be charged using Georgia's constructive possession laws, but this seems unlikely since someone has already claimed the drugs. Best of luck,
    Answer Applies to: Georgia
    Replied: 10/29/2012
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