Can I get a drug charge dropped if the passenger admits it was his? 17 Answers as of June 13, 2013

I was recently charged with possession of drug paraphernalia in my vehicle, but if my passenger admits it was his could I have it dropped?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
It is possible. IS the passenger ready to go to jail? No, then that might not work.
Answer Applies to: Georgia
Replied: 11/24/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Possibly. They could take the stance that both of your possessed it though.
Answer Applies to: Michigan
Replied: 11/9/2012
Natty Shafer Law
Natty Shafer Law | Nathaniel Shafer
It's possible. Ultimately, that will be up to the prosecutor. If the case goes to trial, your friend's testimony would greatly help you.
Answer Applies to: Utah
Replied: 11/8/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
The term 'possession' may mean actual possession or constructive possession. If the paraphernalia was within your reach or in your vehicle, you have 'constructive' possession and may be found guilty of the crime. Even though the prosecuting agency may still go forward with their case against you, a friend willing to confess to the possession may greatly increase your chances of escaping a conviction.
Answer Applies to: California
Replied: 11/8/2012
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
It is possible, but I don't think the prosecution will believe it. Get a lawyer and they may be able to help.
Answer Applies to: Nebraska
Replied: 11/8/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    That could work, if the prosecutor believes your condescending.
    Answer Applies to: New Jersey
    Replied: 11/6/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    One of the worst laws on the books is the "constructive possession" presumption that allows everyone in a car, apartment, or house to be arrested for the contraband that is found at that location unless it is actually possessed by one of the persons. That means that you can be charged, but the prosecutor still must prove beyond a reasonable doubt that you had "dominion and control" over the contraband, usually weapons or drugs. Just because a co-defendant says that the contraband is his does not mean the prosecutor will dismiss against the others. The prosecutors often make the first person to plead guilty to testify against, not for the others by saying in his plea that they all knew about the drugs, they all possessed the drugs, or they all intended to sell the drugs. They tell the defense lawyer that unless the defendant says that he will not get the plea. This prevents the first defendant from taking the stand at the others trial and saying the drugs belonged to him and the others did not know they were present. If there were drugs in the open or it smelled like a pot farm then it is hard to say you did person in jailnot know there were drugs present, but that does not mean you have control or dominion over the drugs. That means more than "ownership', it means you knew the drugs were there and could have taken or used them, sold them, and had "access" to them, not just that you purchased them. Without this presumption only people with contraband in their pockets or hands would be subject to arrest and that is not fair to the police, so they allow the arrest and then leave it up to the jury. This ends up ruining the lives of millions of innocent people, just as making marijuana illegal has caused millions to have a criminal record, get a jail term, or not be able to get a decent job. This is because people do not write to their legislators and demand drug law reforms or the legalization of marijuana. You can get 10-20 years for selling a drug and that is not fair to anyone, especially the taxpayer who has to spend $64,000 a year for 20 years to keep a person in prison for selling $10 worth of crack or heroin if they have prior felonies and 1 to 9 years for possession with intent to sell. Even if you do not sell drugs, you just possess several packages (zip lock bags, wax paper envelopes. tin foil packages) you can get up to 9 years in prison and the average sentence is three years.
    Answer Applies to: New York
    Replied: 11/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    No. It is called constructive possession, and both of you can be charged and potentially convicted.
    Answer Applies to: Florida
    Replied: 11/6/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends upon the facts of the case.
    Answer Applies to: Washington
    Replied: 6/13/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Could. not likely. need attorney. do not talk to pax. could make problem more serious.
    Answer Applies to: California
    Replied: 11/6/2012
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Maybe. More info needed. It is legally possible for 2 people to be in possession of the same paraphernalia.
    Answer Applies to: California
    Replied: 11/6/2012
    Hamblin Law Office | Sally Hamblin
    It may but if you knew what was in your vehicle, that may be the big issue.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    No.
    Answer Applies to: Washington
    Replied: 5/21/2013
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Maybe - it depends on where the drugs were located and if there is any independent evidence which points to you
    Answer Applies to: New Jersey
    Replied: 11/6/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You probably cannot get the charge dismissed, as the contraband was found in the vehicle you were driving. ?As a general rule, you are presumed to have knowledge of everything within your car. There is always the possibility that, if you hire a lawyer, he can work out a deal with the prosecutor, which would result in a dismissal of the charges against you.
    Answer Applies to: Illinois
    Replied: 11/6/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes generally but I would have to be completely filled in of the details. Get a good attorney.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, because the DA isn't stupid, and the DA will never believe you.
    Answer Applies to: California
    Replied: 11/6/2012
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