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Possession charges related to someone else’s drugs

On Behalf of | May 3, 2024 | Drug Offenses |

Anyone who’s in a home or vehicle with someone who has drugs may wonder if they’re going to face criminal charges because of those drugs. The answer to this isn’t always straightforward because the circumstances of any particular situation can greatly impact its eventual outcome.

There are several issues to consider when you’re trying to determine what may happen if someone in a home or vehicle that you’re also in is caught with drugs. For example, the following can influence whether you’ll face drug possession charges or not, in the event of a search and seizure operation by law enforcement officers.

Proximity of the drugs

The proximity of the drugs to your location can play a role in whether you could face charges or not. If the drugs are close to you or in a space that you have control over, you may face charges for them. One of the components of possession is that the drugs have to be in an area you control if you’re going to face a charge. For example, if you’re in the back seat of a vehicle with someone else and they have drugs in the middle console, there’s a chance that you may face drug possession charges. This is especially true if the other person doesn’t admit the drugs are theirs.

Statements made at the scene

Statements made by people at the scene can impact who faces charges. If someone takes responsibility for the drugs, you might not be charged. These are times when it may behoove everyone to remember that they have the right to remain silent.

Presence of circumstantial evidence

Circumstantial evidence can sometimes play a role in these cases. For example, this might be the case if the drugs are found in a container with your name on them or in an area that’s filled with your belongings.

If you’re facing drug possession charges, you should learn about your options for a defense strategy. It’s critical to consider how each option will impact the outcome of your case and your future. Working with a legal representative to determine how to move forward can place you in the strongest possible position to pursue a favorable outcome.