|
Drug related question
If I am getting a ride from someone, they get pulled over, and the cop searched me and my bags found nothing. But found something in persons car, in his backpack. Can I be charged with the same crime as the person who owns and was driving car?
[ ]
Want to answer more questions in the Miscellaneous category?
Maybe give some free advice about: Doesn't Fit Any Of These Categories?
You have asked a very murky question as each state has different laws regarding this issue.
In general an arrest would be based on what knowledge you may of had that the illegal substance was and where it was in relation to where you were sitting. Also if the driver owned up to the substance being theirs and not yours.
Example: Lets say the driver gets stopped for speeding. The backpack is on the front seat between you or in the back seat in easy reach of either of you.
The officer smells what he or she believes to be the odor of marijuana. The officer then asks for and receives permission to search the car and finds the marijuana. The driver says they did not know it was there and that is not theirs. You say it is not yours and it is not your backpack. You both get arrested. IF the amount is large enough you can be charged with possession with intent to sell.
Moral of the story; do not accept rides from people who you believe may have illegal substances, or weapons in the vehicles as you can end up in the same legal trouble as them. It all depends on the laws in the state you live in and who the officer believes at the time of the stop.
]
You could be arrested, charged, and brought into the police station to be booked, but that doesn't mean you'd be convicted. You'd have your day in court and it would have to be proven beyond a reasonable doubt that you knew the illegal item, whatever it was, was in your car. If it was in the glove compartment or the trunk, you'd have a harder time than if it was in a backpack which clearly wasn't yours.
Even if you weren't convicted of any crime, though, you'd still have to go through the ordeal of the arrest and the trial. Depending on the seriousness of the crime, you might also have to get a lawyer and incur those expenses. All in all, it's not something you want to get into, and if you have friends who you suspect might be carrying something illegal in their bags, make sure they know that it's not welcome in your car and that if they're caught with it, you will protect your own interests and let them fry for it.
]
Maybe not the same crime, that person would get charged for possession, but you would be charged with something unless you could prove you didn't know they had anything.
]
More Questions: |