I gave a friend a ride home, i was at my house when he called asking for ride from a restaurant to his home .....as i was pulled over he was exiting the car i was drivingwhich wasnt registered to me but to my girlfriend..a traffic stop occured i was opposite side road i residential neighborhood i wasnt disrupting traffic at all just letting out friend at curb..i was arrested no li cense and put in cop car , passenger remained in seat until canine arrived police wanted consent to search car since dog didnt alert i said no so car was towed gifriend had license suspended upon inventory of car is when under passenger seat the drugs were found next to pSsengers phone whi h had fallen between middle console and his seat...
It is hard to understand exactly what is going on with your driver's license, so I am not fully certain why the vehicle was getting towed. I am guessing that your license was suspended. There may be some issues with the legality of the search depending on the answer.
Anyways, this fact scenario looks strikingly familiar to a question asked a day or two ago. In that question, I believe you were asking about defenses pertaining to "lack of knowledge." As previously mentioned, there are various issues in this case that you will want an experienced attorney to look into. However, to answer your question about possession:
To possess something means for the item to be in one's dominion or control. This can be actual possession (drugs in your pocket) or it can be constructive possession (drugs near you or around you). Constructive possession theories occur a lot in vehicle cases like yours. Based on the facts that you presented, you may also have a defense to the element of possession. It is extremely important that you speak to an experienced criminal defense attorney. Many of us offer free consultations. Best of luck!
Your post isn't very clear. If there were drugs in the car the possession charge generally relates to where the drugs were found. If they were closer to the passenger they would usually be charged. If closer to you, you would be charged. Possession means the items were either on you personally, or that they were in an area that you had control over. If you get charged, make sure you speak to an attorney in your are aright away.
Please note, my answers to questions do NOT create an attorney/client relationship. Only after a written agreement is entered into between the parties is an attorney/client relationship created. Additionally, the responses posted here are done so on limited information and should not be fully relied upon without an in person consultation where the entire case is reviewed and discussed in detail.
First, to be found guilty of Possession of a Dangerous Drug for Transportation/Sale means a felony conviction with the strong possibility of lengthy incarceration. The exact sentence depends on the weight of seized drugs, your prior criminal history, and other factors - possibly including how well your attorney negotiates.
Next, the definition of "possession" is an excellent question, as it gets directly to the heart of what appears to be the case against you and the defense that you might be able to raise. The technical answer to your question can be found in the Arizona criminal code's "definitions" section - ARS 13-105 - where "possess" is defined as: "knowingly to have physical possession or otherwise to exercise dominion or control over property". Therefore, if you take the case to trial, the prosecutor must prove beyond a reasonable doubt that you "knew" the drugs were present, and that you had control over them. Caselaw is settled and specific regarding what constitutes control in a vehicle. Obviously, you should discuss this with your attorney. Good luck!
There is a knowing element to Possession. While you may have had dominion and control over the contraband because it was found in a car you were driving, it sounds like you didn't know it was there, nor did you have reason to know. You can't possess something that you didn't know was there or couldn't reasonably know about. In other words, if a drug dealer or addict says "hold my Crown Royal bag, but don't look in it..." you would be guilty of possession even though you couldn't say for sure that you were possessing drugs. It all depends on the nature and circumstances of the events surrounding the stop.
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