Can a person get in trouble if drugs that are not his is found in his car? 15 Answers as of April 25, 2013

Lets say person A has a car and person B had some drugs in the car. Person A goes out and drives his car with out person B and he gets pulled over for a stupid mistake and is caught with drugs. Can person B get in trouble?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
If they think that they are your drugs then they will charge you. Your defense is that you did not know that they were there and they are the other person's.
Answer Applies to: Michigan
Replied: 4/25/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
That depends on where the drugs are found. It they are found on the person driving the car the owner should be ok. If the drugs are found in an area in the car that the driver has access to both could be charged. If the drugs are in a place that the driver does not have access to the owner may be the only one charged.
Answer Applies to: California
Replied: 4/24/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Both person A and person B can get in trouble. Person A might try to defend himself by saying that the drugs belonged to Person B which would lead to prosecution of Person B. Person A could be prosecuted for possession and aiding and abetting Person B. Both persons should retain criminal defense counsel.
Answer Applies to: New York
Replied: 4/24/2013
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
Not likely unless you have some proof that the drugs belonged to person B. Otherwise, it's just A trying to blame it on B with no evidence except A's testimony. If the police found drugs in a car that person A was driving and the car belonged to person A, then the police will charge person A with possession.
Answer Applies to: Missouri
Replied: 4/24/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Of course you can. Please realize that 99.999999% of people arrested for drug charges say, "It's not mine." If a Judge or prosecutor got a penny every time they heard this, they could all retire and be millionaires.
Answer Applies to: California
Replied: 4/24/2013
    William L. Welch, III Attorney | William L. Welch, III
    The law permits an inference that contraband found in a person's car or home belongs to him or her.
    Answer Applies to: Maryland
    Replied: 4/24/2013
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes, In WA possession need not be knowing or intentional. But "unwitting possession" is a defense.
    Answer Applies to: Washington
    Replied: 4/24/2013
    Bush Law Group
    Bush Law Group | James Falk
    YES. The issue is whether you were in constructive possession of the drugs found in the car. In South Carolina someone has constructive possession of a controlled substance if he/she "has dominion or control, or the right to exercise dominion or control over either the object or the premises upon which the object is located.
    Answer Applies to: South Carolina
    Replied: 4/24/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I doubt that person B can get in trouble, unless he is implicated by person A and confesses to ownership of the drugs. This does not necessarily let person A off the hook, as the drugs are in his car, and he is responsible for anything contained in his car.
    Answer Applies to: Illinois
    Replied: 4/24/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes, Possession is established by dominion and control. It will be up to the jury.
    Answer Applies to: Virginia
    Replied: 4/24/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Absolutely, he will most probably be charged with the least possession until such time as it is proven that someone else owned the drugs and placed them in the car without his knowledge or permission. Therefore person A is in great trouble, person B could be in a great deal of trouble if they told the truth and therefore have every motivation to lie, leaving person A on the hook.
    Answer Applies to: Michigan
    Replied: 4/23/2013
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