I was driving got pulled over they did search passenger showed them where he hide spice and he said it was his and said he would help the cop but never got up with him
Can you be arrested, yes. Based on the facts you provided, it would be very hard for a police officer to prove that you are guilty of possessing a controlled substance, though.
This is a case where, if you were charged, you should be sure to consult an attorney that frequently deals in drug issues. Oftentimes, a co-defendant's case (like yours) is thrown out if someone says the drugs are theirs or they are found on an individual.
Yes you can be charged and I am not surprised that you were. Many times the driver of the vehicle where drugs are found is charged possession. The state can argue that you had constructive possession of the drugs. You need to speak with a drug defense lawyer in AL and retain legal counsel. Just because the other individual had the drugs on them or said they would claim ownership does not mean that you can not be prosecuted for the offense.
Yes, you can be arrested. Technically, everything in the car is the responsibility of the driver. Assuming your facts are accurate and the officer is willing to testify to that, that would help you. If the other person is willing to take responsibility, that's even better. Consult a competent criminal defense attorney. Best of luck.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline