An arrest is not a conviction, but you should take any drug charges seriously. Also, drugs found in the front yard would not be in close proximity to you personally. Generally, that is a mandatory twelve years up to sixty years in prison. For more information on Being Charged With A Drug Offense, a free initial consultation is your best next step. Can A Passenger Receive A Drug Charge If Drugs Are Found In A Vehicle. Call 773-276-5541 to speak with an experienced criminal defense lawyer and get the responsible, cost-effective representation you deserve. However, they look at it as one person who knows they are guilty trying to help a friend out. Determining Possession and Ownership. What happens to the passenger if drugs are found in a vehicle? To avoid trouble with law enforcement, be vigilant and seek to know what your friends bring into your vehicle. Experienced drug possession defense lawyers, such as the top-rated Appleton criminal defense attorneys at Hogan Eickhoff, actively monitor these changes to ensure your Fourth Amendment rights are protected. They are going to assume that everyone in the car was smoking, and therefore everyone had possession of the weed.
Can you be arrested if police find drugs in your shared apartment? Another situation that may result in a constructive possession charge is when you have all the parts and pieces needed to manufacture an illegal substance, even if you do not have the actual substance on you. Do not admit anything! If drugs are found in your car who is responsible. Unfortunately, the law does not protect a person's privacy rights in his or her automobile as much as in the home. The biggest rule regarding K-9 searches is that the officer cannot prolong a traffic stop just to get the K-9 to the scene. The criminal defense lawyers at Rittgers Rittgers & Nakajima are experienced in contesting warrantless or illegal searches and seizures.
However, if the deed is already done and police have found a friend's drugs in your vehicle, it is important that you do not answer questions or make any statements without the presence of your attorney. The lack of intent to possess drugs is not a defense, but unwitting possession can be a defense to criminal charges. But there's a ray of hope in all of this; police cannot just stop your vehicle and search it for possession of drugs on a whim. Simple possession is the most commonly charged Indiana drug crime and is associated with lighter penalties. If the court determines that the search was bad, then anything found in that search cannot be used against you at trial. If drugs are found in your car who is responsable.org. It is fairly common for a prosecutor's office to file charges against multiple occupants of a vehicle when officers find illegal substances in the vehicle during a traffic stop. Possession has a specific meaning, and it is not limited to ownership. The next thing you know, the police are searching your car, and you get a sinking feeling in your stomach as they pull out a suspicious-looking bag.
There's also another element, and that is that the possession must be knowing or intentional. Vehicle Searches – What's Legal? It is unlikely you would be charged in such a situation, assuming that drugs aren't stacked, floor to ceiling, in his room. Courts look to the totality of the circumstances to determine whether a situation constitutes constructive possession.
Generally speaking, though, dealing in a controlled substance is a felony. You Could Be Arrested — Know How to Protect Yourself. We do not get to pick. Drug convictions are very serious, and a criminal record can impact your future ability to obtain a job or pass any background check. If there are multiple weapons and significant amounts of drugs in the vehicle. And prosecutors can prove that the driver knew the drugs were present, and also had the intent and ability to exercise control over the drugs, a constructive possession case is not. One of the conversations that I have with my drug crime clients has to do with the drug issue at hand. Those issues would be sorted out at a motion to suppress evidence hearing rather than at trial. If drugs are found in your car who is responsible for passing. It is important to note that this issue becomes even more serious if you cross state lines with the drugs in your car. If an illegal search was performed, it may be that the evidence will be suppressed, which will work to your advantage and possibly even result in the drug case being thrown out. How can you fight a drug possession charge? Should they search your vehicle and find narcotics when the narcotics were not in your physical possession, the State must prove that you "constructively" possessed the drugs. Alternatively, perhaps the state has a very strong case against my client, and we are going to agree to negotiate a plea agreement in the case. Tate was arrested after officers confirmed his outstanding warrants.
Actual possession means that the illegal substance is literally and physically in your possession. The officer(s) will have enough probable cause to arrest you just by simply being in close enough proximity to any drugs found in the vehicle. We are proud to help individuals and families in Lincoln Park, Bucktown, Wicker Park, Logan Square, Humboldt Park, and the rest of Cook County. From there, we decide what our strategy will be. In order to minimize or even avoid the negative effects and stigma of a drug conviction, you need the right Indianapolis drug crime attorney. No matter the situation, there are always a lot of questions about whether the search of a car was legal and if we can have the evidence suppressed. Charges under the concept of "joint" or "group" possession. Drugs Found in Car: Can I Get Charged in SC. Every drug case requires a preliminary showing of probable cause to go forward.
At Grabel & Associates, we have a winning track record in obtaining positive results for our clients. When facing drug charges, the first court appearance after an arrest will be for the bond hearing. 3) What is your relation to the person you were with? If Drugs are Found in Your Car, Who Gets Charged. But, if a person is arrested for marijuana and the police have probable cause to believe there is additional evidence connected to the marijuana in the car, they can search the vehicle. As you may suspect, law enforcement officers hear that type of line all of the time.
In addition, prosecutors must prove that they had the ability to exert control over the controlled substances. If it is addressed for them, it is usually done through the court system in an in-custody treatment program called Safety to Substance Abuse Prevention. This is called "joint constructive possession". Potential Sentences. Not only did the prosecutor not believe them, but the jury also didn't believe them.
When the police find drugs in a vehicle that they have searched they usually will charge the driver of the vehicle with possession or trafficking if it is a trafficking amount. Realized that police might be conducting a search. With these strategies in mind, you may be able to get your drug possession charge dropped and avoid trial. Your charge may also involve a distinction between "constructive" possession and "actual" possession of drugs.
To better understand how these come together, we have to take a look at active possession versus constructive possession. People who are arrested in New Jersey for a drug possession charge need an experienced criminal defense attorney by their side to give them legal advice and to ensure they receive a fair trial. 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. However, there are exceptions to the warrant requirement. What if the vehicle is a rental? If you have questions about a criminal charge in Indiana or a vehicle search, contact Chambers Law Office today at 317-450-2971. Try not to resist an arrest and remain respectful. If your car was stopped by the police, then your lawyer will also want to examine the record to determine if the vehicle was lawfully stopped. Under your Fourth Amendment rights as outlined by the U. S. Constitution, individuals are protected against unreasonable searches and seizures.
The only purpose for the bond hearing is for a judge to determine how much money you have to post to get out of jail while your case is pending. Even if the cops find the drugs in the back, you can be charged with possession as a front-seat passenger due to something called constructive possession. If law enforcement recently found drugs in your vehicle, connect with one of our experienced drug crimes defense attorneys at Hogan Eickhoff today by calling (920) 450-9800 or contacting us online. When facing drug charges, the ability of the defense attorney representing that person will determine the degree to which the state's case against the defendant will be picked apart or upheld.
Once we have the discovery, which is all the evidence in the case, I will have separate meetings with my clients to discuss the evidence, and make sure that they understand the evidence they are facing. Chicago Criminal Lawyers Helping You Avoid a Drug Possession Conviction. Do what is best for you. At Grabel & Associates, we understand your concern, and know that if you find yourself in this situation, you should contact our skilled and aggressive Michigan drug crime lawyers at once. Here are some tips for how to handle saying no to your friends who want to bring drugs along for the ride: - Be firm: Don't leave the conversation up for discussion. It is in your hand or in your pockets. If you have been arrested on false drug possession charges, do not make any further statements to the police.
Arrests aren't always made for small amounts of marijuana. Your vehicle is within your dominion, so it is expected that you know what's in it. 4) Did you know about the presence of the drugs, or were you unaware?. For instance, if you were a passenger in the backseat of a car, the drugs were found in the trunk, and the car belonged to someone else, that is a situation where I think it would be difficult for them to charge you with possession of those drugs. We will work to show that you were unaware that the drugs were in your vehicle or that you did not know what the substance was.
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