If a driver was unaware of narcotics in their car, do they have a chance against the possession charge? How? 9 Answers as of May 13, 2015

My step daughter was charged with possession because police found a loaded needle with narcotics that she said she knew nothing about in the car console when she was pulled over for traffic ticket warrant on the plates. She is not the owner of the car. She is jobless but does not want to leave it to the public defender. Do you have any recommendations about what we can do?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Does she have money to retain an attorney? Do you? IF not, she has no choice, but to leave it to the public defender. You getting info on-line and trying to make the public defender implement it is pure insanity.
Answer Applies to: Georgia
Replied: 5/13/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
FYI everybody who is charged says the same things: "It isn't mine" or "I didn't know it was there." Prosecutors have heard it a million times. Your step daughter needs to start shopping for a good lawyer.
Answer Applies to: California
Replied: 5/13/2015
Universal Law Group, Inc. | Francis John Cowhig
She needs to hire an attorney. if she does not want to use the public defender then her only other alternative is to borrow the money to retain private counsel.
Answer Applies to: California
Replied: 5/13/2015
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
There is a concept called constructive possession, which means I even if it is not on her person she can be deemed to possess it. There is a possibility that the search was illegal. It must have SOMEONE's. You should talk to a lawyer with all of the specifics. You should be able to at least get it reduced to a misdemeanor. Possession of dangerous drugs not to be introduced into interstate commerce or possession of paraphernalia.
Answer Applies to: Nevada
Replied: 5/13/2015
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
She may have excellent defenses-she was just a passenger with no knowledge of the narcotics. She needs a good lawyer to defend her. This is the time when family members need to provide support for each other by paying for a good lawyer. If she can't pay, then other members of the family should consider doing so.
Answer Applies to: New York
Replied: 5/13/2015
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