Can I be charged for drugs found behind my seat if I was in someone else’s car?

Asked on September 20, 2015 under Criminal Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can be charged if there is reason to believe that the drugs were yours. That could be based on the circumstances of exactly where and when there were found e.g. if the drugs were obvious, then it is reasonable to conclude you knew they were there, which leads to the reasonable inference you put them their--why else would you drive with drugs?, or on physical evidence e.g. fingerprints or hair or fiber evidence tying them to you, or credible testimony other people testifying that the drugs were yours, if those people are believable, etc. So if there is evidence or reason to think the drugs are yours, you can be charged. Of course, much more or stronger evidence is required to convict than to charge the fact that you were charged does not automatically or necessarily mean that they have enough evidence to convict.

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