If I was driving a shared vehicle and was stopped but someone else left drugs in the car so I was charged, what happens to them if they go to court and admit to this?

UPDATED: Oct 1, 2022

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If I was driving a shared vehicle and was stopped but someone else left drugs in the car so I was charged, what happens to them if they go to court and admit to this?

I share a vehicle with other people. One of those left drugs in the car. I got searched and

charged the police left the persons smoking device in the car behind the seat snd some drugs as well. When the car was released from impound, it was not checked so when I bailed out of jail and got in the vehicle and drove to work, the police from a different jurisdiction got behind me. They ran the out of town plates came and it back it was in an arrest for drugs recently and they pulled me stating brake light was out. My dad’s a mechanic and picked the car up from impound and checked to see if it really was out it was not out. Anyway, they lulled me out and said that I had to let them search or I was going to jail. Well they found the stuff the other jurisdiction had failed to get out and

immediately arrested me again. If the person they belonged to testifies in court can they then be charged with leaving the drugs in the car?

Asked on April 7, 2019 under Criminal Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they admit that the drugs were theirs and it is believable that you did not know they were there and not help them to hide or transport drugs, then the charges should be dropped. It is not enough that the drugs belonged to another: you must also not have had any role or involvement that they were in the car, or even knowledge that they were there, since you should not be sharing or using a vehicle used to hold or move drugs.

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