Legal Question in Criminal Law in Maryland

Can a passenger be charged for paraphanalia found in a drivers pocket?

Hello, here is what happened. I asked my freind to pick me up and drive me around for a little while to get out of my house for a bit. I brought my computer with me so if I was out for a while I could use my wireless cell card and connect to the internet and bid on e-bay. So, we just drove around for a bit and finally parked. Some person called the police and said there were two men in a car driving and stopping and we looked suspicious. Well the police came and asked what we were doing and I responded ''working on my computer'' and even with my laptop in my lap he didnt seem to believe me. Well he asked my freind the driver could he search the vehicle, the officers reason being that I had swollen hands (the sign of heroin use) my freind said ''It is up to you. So they searched. They found nothing on me nothing in the vehicle, but they found needles andan empty bag on my freinds person. They took pictures of my track marks on my arms and legs then gave my freind and I both a citation for posession of paraphanalia. My question is: can I be charged for this when the items were found in my freinds pocket? Thank you for your time.


Asked on 3/25/06, 11:22 pm

1 Answer from Attorneys

Can a passenger be charged for paraphanalia found in a drivers pocket?

As you found out, you can be charged. The question is will you be convicted? You should consult with a criminal trial lawyer, like myself, to begin preparing a defense that will result in you being found not guilty.

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Answered on 3/26/06, 3:30 pm


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