To avoid trouble with law enforcement, be vigilant and seek to know what your friends bring into your vehicle. Many different factors can come into play when addressing the question of whether you can be charged if you are in the car with someone who has drugs. If drugs are found in your car who is responsible for running. If you have been arrested on drug charges, turn to us for the aggressive representation you need. Yes, it is possible for you to be arrested, charged and convicted of a drug charge for drugs found anywhere inside a car you are driving.
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You have conflicting interests and you should have separate attorneys. The only person who can help you now is a criminal defense attorney lawyer. This article will help you understand how you can help yourself if drugs are found in your car. You were unaware of the presence of the drugs. If drugs are found in your car who is responsible to be. A Class 1 felony, possession with intent to deliver can receive a sentence of probation, but it also can carry up to four to fifteen years in prison. That example is definitely what I would characterize as a constructive possession issue. Every drug case requires a preliminary showing of probable cause to go forward. If they don't smell marijuana (which almost never happens) and the marijuana is is not plainly visible, you have a better chance.
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If you have been charged with a drug crime, contact the attorneys at SoCal Law Network for a free consultation by calling (949) 305 7995. What If You Cross State Borders? Drugs Found Outside. Where Were the Drugs Found? Location, Location, Location. The purpose of an inventory search is to protect the person's vehicle and contents after being towed. Amount: The higher the amount of drugs found in the car, the more serious the charge. Our attorneys will maintain constant contact, keeping clients apprised of developments, thoroughly discussing all options, and helping clients make important decisions by making sure they are fully informed. Those are the types of questions your attorney needs to investigate to defend you.
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Entry of premises while in "hot pursuit" of a dangerous suspect. Vehicle Search for Contraband or Drugs. There are several factors that can help the state establish an inference of "knowledge and control. " Penalties range from driver's license suspensions to long-term jail time. If drugs are found in your car who is responsible tourism. In that case, this defense strategy will not work, because knowing you are traveling with someone who is transporting illegal drugs is never acceptable before a judge. Once you've hired an experienced drug crime lawyer, he or she will be looking for various ways to defend and win your case. It is very easy for statements to get misinterpreted or to get taken out of the proper context. They had no deal, and the case against them wasn't that strong; they were coming in and subjecting themselves to the possibility of going to prison.
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If you are a passenger in a car, the fact that you know that someone else in the car has drugs in their pocket is probably not enough to prove a case against you. If Your Car Crosses State Lines. That creates an uphill battle, although there are still things to argue. Constructive possession of drugs means that the drugs are not physically on the person, but law enforcement finds the substances in a place where the accused has dominion and control. In such a case, as always, the facts are very important. If Drugs are Found in Your Car Who is Responsible. This is called a search incident to arrest or an inventory search, depending on the circumstances. Group Possession and Joint Possession. Are You Looking for a Criminal Defense Lawyer in Cincinnati, OH? This is where you request that you need a lawyer and refrain from bringing up any confidential or sensitive information. A high quality aggressive criminal defense attorney can use the facts of a drug possession case to get a person's case dismissed. The police usually search a vehicle that they have stopped when they say that they smell an odor of marijuana.
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Other reasons that they may search without a warrant is that they observed a weapon being concealed, observed drugs or contraband in plain view, or you yourself consented to a search. In criminal law, the general rule is that a warrant is required to validate a search; however, many exceptions apply. The lack of intent to possess drugs is not a defense, but unwitting possession can be a defense to criminal charges. We understand that it can be hard to navigate this situation. Can A Passenger Receive A Drug Charge If Drugs Are Found In A Vehicle. I be charged with possession just for failing a drug test in Utah? If the police stop your car and find drugs on a passenger or in the floorboards of your car, you can be arrested for drug possession. Every case is different, and every move that I make in the case is with the knowledge, and the consent of my client, after we have discussed the case thoroughly. With constructive possession, you will have a better chance of winning your case since the drugs are not found directly on your person. Can I Be Arrested in Illinois If a Passenger in My Car Possesses Drugs? This could elevate the offense to a federal drug crime, and depending on the amount of drug present, could also lead to drug trafficking charges.
Prosecuted for criminal charges. Charges under the concept of "joint" or "group" possession. Searches incident to a valid arrest. You deny the drugs are yours, but you certainly had access to them. A. constructive possession charge can be pursued under Utah law even if. But first, you need to find a knowledgeable drug crime defense lawyer to handle your case. Statements made by others in the vehicle. Initial confidential consultation.
Provided you have knowledge of the drugs, and the right to control them, you can be charged with possession of drugs that are not actually in your purse or pocket. The police may impound and inventory the items in your vehicle after a drug arrest. By way of example, if a person wore a pair of jeans that had drugs in the pocket from a previous day's wearing and did not intend to carry drugs the day the drugs got discovered by law enforcement, that lack of intent is not a defense. In those circumstances, the passenger's case could be dismissed, or else we could try the case and blame the driver for the contraband. Do not let yourself take the blame for drugs that were not yours.
However, operating a vehicle on public roads waives some of that privacy such that police officers may sometimes search your vehicle without a warrant. These are complicated questions. Contact an attorney as soon as possible if you find yourself in a situation that involves drugs. Each case has unique circumstances, but typically hinge on the length of the detention prior to the canine unit arriving on the scene.
It is in your hand or in your pockets. Under any circumstances, do not speak further to the police as what you say can be used against you in the court of law.