Can you be charged for Marijuana Possession found in a car that you were a passenger in?

Posted on: March 26, 2014 by in Uncategorized
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If you are arrested along with the driver of a car in which marijuana is found, you can be legally arrested for marijuana possession, even if it was not yours. However, if the marijuana was not found on your person (on your body) and it was not yours, an experienced Orange County Criminal Defense attorney will be able to prepare a strong defense in your favor.

If marijuana is found in your vehicle but it was not yours and not on your person, you can still be charged with marijuana possession. Under this scenario you might need a stronger defense, because prosecution will appeal to the fact that if it is your car, you should have known its contents.

One potential defense a knowledgeable criminal defense attorney may use is that of your constitutional right to be protected from illegal search and seizure. A good majority of these cases may question the officer’s authority to check in the vehicle in the first place. If it was illegally obtained, it cannot be used as evidence in court. Fourth amendment rights are complex and intricate but in general this would qualify under the “fruit of the poisonous tree” doctrine.

If you feel there may be a violation of your rights, contact a criminal defense attorney who is familiar with its complexities!

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To learn more about this issue or other areas of law visit the Core Law Group blog at www.corelawgroup.com/blog or call one of our attorney’s at 714-249-2788.