What happens to the driver if the drugs belong to her kid? 8 Answers as of November 09, 2010

What happens to the adult driver if the child has drugs in the car?

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The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
The driver could be charged with "constructive" possession if the driver knew they were there. It is legally possible for multiple people to "possess" the same bag of drugs, but usually the circumstances will show that it only belonged to one person. The police may try to pin a case on everyone (and usually do) in order to get someone to rat out another. If you didn't know about the drugs, though, you couldn't have possessed them.
Answer Applies to: California
Replied: 11/9/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The driver is only held responsible if he or she personally possessed the drugs. However, that liability could extend to a situation where the police suspect the child is holding the drugs for you or you pass the drugs to the child so that the police would not find them. The law also prohibits transportation of drugs in a vehicle if you knew that the drugs were there. If you did not know the drugs were there, you cannot be found guilty.

Our office is very experienced in handling these matters. For more information or to be represented, please call us.
Answer Applies to: California
Replied: 11/9/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Nothing will happen to the driver.
Answer Applies to: California
Replied: 11/8/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Depends upon what the police and DA decide to do. It could be nothing, or it could be a series of misdemeanor or felony charges. No one can speculate for you. Now, if you are charged with a crime, what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it cannot be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have.
Answer Applies to: California
Replied: 11/8/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
There are several possible charges.

Since a driver is responsible for everything found in a car, you may be charged with possession of drugs. In California, possession often means that you had access to and knowledge of the drugs, not that they "belonged" to you.

Depending on the type of drug and the quantity found, you could be charged with a misdemeanor or a three-year felony. Or, you may be accused of transporting drugs, which is a felony, or contributing to the delinquency of a minor, which is a misdemeanor.

If you would like to talk about your case in more detail, please call my office.
Answer Applies to: California
Replied: 11/6/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If the drugs are in possession of the child (ie, not under the drivers seat or in the glove box for example) and there is no way for them to establish that you knew she had the drugs, you are fine. I am assuming that you are in the car with her at the time she is caught. If she is in the car alone, without proof that you knew she possessed drugs, there is nothing they can do to you.
    Answer Applies to: California
    Replied: 11/5/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    There are a lot of variables. Did the child have the drugs on them? or where they found in the car itself (for instance, glove compartment or on the floor). You can call me for a free consult to discuss in further detail. Did you get charged/cited with anything at the scene? If so, there are defenses.
    Answer Applies to: California
    Replied: 11/5/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Anyone in the car can be charged for possession of the drugs. It would be best to contact an attorney.
    Answer Applies to: California
    Replied: 11/5/2010
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