Legal Question in Criminal Law in California

is the driver of a borrowed car responceable for anything illegale found in the car

Asked on 11/04/12, 6:49 pm

3 Answers from Attorneys


That depends. A person is guilty of possession of drugs if they have knoeldged that the drugs are there. Possession can be actual or constructive, meaning that they have control over the area the drugs were found. So, if you didn't know the drugs were in the car you borrowed, you should be guilty of the crime of possession. You should talk to a lawyer about the specific facts of your case.

Good luck.

Elena Condes

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Answered on 11/04/12, 7:15 pm
Terry A. Nelson Nelson & Lawless


Yes, if the police and prosecutor charge you with possession while it is in your control, and if they can demonstrate you knew abIf out it. Doesn't matter who owns the vehicle, but they also could be charged. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Iíll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

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Answered on 11/04/12, 11:30 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Not automatically. But if he knows the contraband is there and doesn't do anything about it, then yes. That the driver borrowed the car proves neither that he is aware of it nor that he is not.

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Answered on 11/06/12, 3:43 pm

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