How can I be arrested and charged with possession when drugs were not found on my person or anything belonging to me?

The law recognizes three types of possesion: Actual, Constructive, and Joint-Constructive. Actual Possession occurs when you have physical possession of the item. Constructive Possession occurs when you are able to exercise dominion and control over the item, even though it is not on you. Joint-Constructive Possession occurs when two or more persons can exercise dominion and control over the item, even though it is not on them. If the police had reason to believe that a crime was committed, and reason to believe that you were involved in the crime, they would be able to charge you under the theory of Constructive (or Joint-Constructive Possession). Respectfully, these determinations need to be addressed when you are consulting with an experienced criminal defense lawyer admitted to practice law in PA, and certainly before you go to Court or make any decisions on how to resolve this case. Good luck.

Disclaimer
This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this matter.

Mr. Bailey gives a good primer on possesion. Specifically how the police deceided to charge you will not be known until you have your preliminary hearing or receive discovery from the District Attorney's office. It is possible that someone perhaps your cousin told the police that the drugs were yours or that you were the last one to use the car and the drugs weren't there when he gave it to you. There are hundreds of different scenarios. You really should not talk to your cousin, Uncle or anyone else about this matter and should consult with an attorney as soon as possible. Your case needs to be properly investigated and developed to give you the best chance of aquittal.

Mr. Bailey gives a good primer on possesion. Specifically how the police deceided to charge you will not be known until you have your preliminary hearing or receive discovery from the District Attorney's office. It is possible that someone perhaps your cousin told the police that the drugs were yours or that you were the last one to use the car and the drugs weren't there when he gave it to you. There are hundreds of different scenarios. You really should not talk to your cousin, Uncle or anyone else about this matter and should consult with an attorney as soon as possible. Your case needs to be properly investigated and developed to give you the best chance of aquittal.