What to do regarding drug possession charges if your car passenger is found with drugs?

My kid and his 2 friends agreed to give a ride to another part of town to a guy who lives on their dorm floor. They got pulled over. My kid was the driver of the car and the cops found some illegal drugs on the guy that needed the ride. It turned out this was not his first charge (the other 3 kids never had any charges against them). All 4 got tickets for drug possession with a court date set. No driving ticket was issued so no idea why they were pulled over. Is there a need to get a lawyer? Is this something that can be easily dropped? Will this stay in their records and for how long?

Asked on December 2, 2011 under Criminal Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This will stay on their records and they should immediately seek counsel to get this matter dropped. If your son was not given a ticket or a reason for pull over and the officer has not offered a reasonable aritculable suspicion or probable cause for pulling over, but searched this person for drugs, it appears your son and his passengers may have a case for an illegal search and seizure and fruit of the poisonous tree. Your son should immediately seek private counsel and work on getting this matter dropped and then expunged from his background criminal record checks and from his credit report, if applicable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.