I was driving the motor vehicle witch in questuon when the marijuana was found at a traffic stop
Can you be charged? In theory. Can you fight it? Yes.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
Yes, you can be charged. If you are asking this question, you probably were charged.
However, the police may not be able to prove that you knew about it or that it was in your "possession" and so a good attorney might be able to fight for a dismissal.
Just because you are charged does not mean you are guilty. Normally, police will charge everybody in the car, but the evidence against everybody is not the same.
This forum offers a "quick answer" to a "quick question" but it is not always the best way to consult counsel. The practice of law usually works best (best results) when the lawyer is able to consult with the client, in private, and make a full assessment of all the facts of the case.
Sure you can recharge. If you are get a criminal defense attorney immediately.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
You can be charged. if you have been charged, it is time for you to obtain a qualified lawyer. Possession of contraband amounts to knowledge, dominion and control over the contraband. Factors that might help you (if they exist): include: No police claim of smelling marijuana before searching the car; no indication by you that you knew the marijuana was present; no connection between the contents of the handbag and you.
A challenge can also be made as to whether it has been sufficiently proven that the substance is marijuana, and, as an initial matter, whether and when you were handed a form enabling you to demand that the alleged marijuana be tested by a state-employed chemist.
All the best to you.
P.S. I am moving your inquiry from DUI to criminal defense.
None of my comments on AVVO's website constitute legal advice. It is only food for thought for possible matters to address with a qualified lawyer. The disclaimer page on my website linked above applies to all my answers on AVVO.com .
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