A common excuse for when the police find drugs is that the drugs do not belong to the individual who was in possession of them. While this is sometimes nothing more than an excuse, there are other cases where you may literally have someone else's drugs in your car. For example, you may have a family member who is struggling with drug use and you may not have noticed that they stashed drugs somewhere in your car. If you find yourself in this situation, you must speak with a drug possession lawyer.
You May Still Be Found Guilty of Drug Possession
Even if you can prove that the drugs do not belong to you, the courts may still find you responsible for drug possession. You are best off not answering questions until you have spoken with a drug possession lawyer. Do not resist the officer and only provide the officer with your name.
How to Prove That the Drugs Weren't Yours
The drug possession lawyer will attempt to prove that you were not the only person who had access to the vehicle. Your drug possession attorney will ideally want to prove that the drugs belonged to someone else, but your attorney can at least prove that it is possible that the drugs belonged to someone else.
Even if the drugs didn't belong to you, this doesn't mean you won't be questioned for why you didn't take action in response to the drugs being present in your car. Your attorney will need to prove that you did not know that the drugs were present.
The Illegal Search Defense
For the police officer to be allowed to search your vehicle, they need probable cause. This means that there must be a justification for why the officer believed that you were engaged in a criminal act. If the officer performed an illegal search, this would be considered a violation of your 4th Amendment rights, and the evidence gathered from the illegal search would have to be thrown out.
The Type of Possession
If you did not physically possess the drugs, but you were aware of the existence of the drugs, this would be considered "constructive" possession. However, if you actually had the drugs on your person, such as if you were carrying the drugs, this would be considered "actual" possession. With constructive possession, if your attorney can prove that you didn't know the drugs were present, your charges may be dropped.Share