The other two passengers pinned it on me. None of it was mine, and they won't confess. I need legal advice on how to go about this. I have no proof that it was theirs, but it wasn't mine. I just so happened to take over driving before stopping at a hotel to rest because the other driver was falling out. Therefore, as driver I was charged.
In Arizona, the State can proceed with possession of drugs (or weapons) under the theory that a person was in “constructive” possession of the prohibited item. This does not mean that by simply driving a vehicle that one constructively possesses whatever illegal items are found in that vehicle. You will need an attorney that is familiar with these terms in order to defend a case like this. I have handled these cases and like many attorneys on Avvo, I offer free consultations. Feel free to schedule a consultation and at least get an idea of what to expect in your case. I hope this information is helpful to you.
Great question and sorry to hear you're going thru this. I agree with the previous attorney's response and recommend you reach out to an attorney, like myself to help you navigate this tricky situation. No one can guarantee an outcome however with others in the vehicle there are ways to navigate this and work towards highlighting your defenses.
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Brandon White, Esq.
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