Legal Question in Criminal Law in New York
If someone in your car has marijuana on them and you are pulled over and they are caught do you get in trouble? What if you don't know they have it either?
Asked on 6/14/11, 8:54 am
2 Answers from Attorneys
Stuart Austin
Austin Law Associates, PC
There is a legal presumption which is rebbutable, that everyone in the car has presumptive knowledge of drugs found in the car. This changes when the drugs are specifically targeted to an individual passenger. While you can be charged, you can fight the presumption and make them prove you had some knowledge of the substance, if they cannot-- you should have the charges dismissed.
Answered on 6/14/11, 9:21 am
peter bark
bark & karpf
If marijuana is found on a passenger you are not responsible.
Answered on 6/14/11, 4:49 pm
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