Can I be found guilty of possession of drugs if drugs was found under the passenger seat of the car that I was driving?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be found guilty of possession of drugs if drugs was found under the passenger seat of the car that I was driving?

I was pulled over by a officer and he asked if he could search the car. I said yes even though the car was not mine and was not in my

name. He searched the car and under the front passenger seat he found a capsule containing Fentanyl. I did not know that there was anything in the car let along the capsule with fentany1 under the seat.

Asked on January 9, 2018 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can be, if the location of the drugs (in a car you were driving; near you--i.e. under the front passenger seat, where might have stashed drugs) plus any other evidence or testimony (for example, the car's owner testifying in a credible or believable way that the drugs are not his or hers and that he or she never saw drugs in the car before you drove it) are enough to convince a court "beyond a reasonable doubt" that you were the one with the drugs. It depends on whether there is any reasonable grounds to think the drugs belonged to someone else or whether they belonged to you; as stated, much will turn on what the car's owner says and if he or she is believable in saying it.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption