Can the old belief, " possession is 9/10 of the law" although an adage, relevant in a drug possession charge in a vehicle?
4 attorney answers
The police are staking out the various casinos hoping that they are catch people on a DUI. The fact that they start asking immediately about drugs seems suspicious unless they said they smelled marijuana. Hopefully, the officers that pulled you over had a video camera in the car and it will tell your side of the story.
the entire procedure is suspect:
Why did the police stop the vehicle? What was the probably cause?
Why did they do a body search on you?
Why did they ask you question without reading you your rights?
Why did the driver of the car place the cigarette case as your responsibility?
you need a criminal defense lawyer
usually both the driver of a vehicle and any passengers in the vehicle would be charged with the possession of drugs in your case you describe. In order to convict you however, the State must show you had dominion and control of the illegal substance. That may be hard for the State to prove given where they were found in relation to your seating in the vehicle. Of course, if the driver shows up to testify, which I doubt, then it would be your word against his or her word. You need to seek out counsel to help you in your case.
This answer is given to the facts as presented and should not be relied upon exclusively without first having been fully discussed with an attorney of your choice. Always consult with your attorney before using this answer or any answer concerning any legal issue upon which you may have questions.
Because they believed the driver and either did not believe you, or believed you less.
They had the discretion to charge you both. It may also be possible the driver is a confidential informant for them.