If I was unknowingly in possesion of marijuana in my car, could I get the charges dropped with testimony from the person who put it there?

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If I was unknowingly in possesion of marijuana in my car, could I get the charges dropped with testimony from the person who put it there?

A person put a bag of marijuana in my glovebox, inside a cigarette pack. Was helping said person get a recently purchased car back home. I’m guessing that he left it in my car once he started driving said car back home. I never even knew he had the marijuana with him.

Asked on April 18, 2012 under Criminal Law, Indiana

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

There are two types of possession, "physical possession" where the marijuana is on you or your person, and "constructive possession" where the marijuana is in a person's vicinity but not on their person. If the person testifies that it was his, or in essence "eats the charges" for you, then you should be found not guilty if the prosecution are unable to prove that you intentionally possessed the marijuana.


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