Legal Question in Criminal Law in New York

Criminal - Possesion of Drugs

My sister was involved in a really bad car accident in 2/2/08 where she was the victim - She went into a car of a so called friend that was suppose to drop her home but instead put on a police car chase refusing to pull over and let her out cause he was wanted by the police - My sister is now paralized in her left hand due to nerve damage - Police came to the house yesterday tryin to arrest her sayin that, the day of the accident they found a control substance by her body on the side of the road - And they want to charge her w/ it - Can they do that? Even thought the officers that came by said that they did not know if the drugs where hers or the criminal that just crashed the car and ran on foot!!! There was never ever a mention of this supposed illegal drugs before and I spoke personally to the detective at the scene of the crime - Can they do this?? It just doesn't sound legal?

Asked on 10/01/08, 1:49 pm

4 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Criminal - Possesion of Drugs

They can do that. Your sister however may have a very good case. She needs a lawyer, which while expensive is far worth it to avoid a criminal record. Further a conviction for the drugs may even reduce the amount of any award she may have for her personal injury case against the driver.

If is likely the police officers are afraid she is going to sue them for the chase and are trying to reduce their liablility.

You need a lawyer who handles a lot of criminal cases and who also knows about personal injury.

My office handles Criminal cases and only personal injury cases where crimes are involed, so I would be very interested in speaking to your sister.

You can reach me through the information provided below. Our Offices are located close to where you live and I think our attorneys can help.

Good luck.

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Answered on 10/01/08, 11:35 pm

Eric Rothstein Rothstein Law PLLC

Re: Criminal - Possesion of Drugs

The pplice can rely on the car presumption - that is all occupants in the car are presumed to possess drugs found in the car but not on someone.

It sounds like she has a good personal injury case? Does she have an attorney? Feel free to contact me as I do criminal defense and personal injury.

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Answered on 10/01/08, 2:06 pm
Robert Evans Robert S. Evans esq.

Re: Criminal - Possesion of Drugs

Your sister has 2 issues.The first ,a defense for the criminal charges. The second recovering damages for a personal injury. She should get an expert attorney for each matter. I handle criminal defenses in cases of this nature and I can refer you to an associate who does the same in personal injury recovery matters. Please contact my office to discuss the alternatives.

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Answered on 10/01/08, 4:18 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Criminal - Possesion of Drugs

yes, they can charge her with the drugs... However. the likelihood is that they would be looking ot charge her in order to push her testimony against this other individual... it is EXTREMELY important that you contact and hire an attorney... If you would like a free consultation you may reach us at 212.709.8303 or visit our web address at

we offer free phone consultations! It's sad that she has already been hurt as much as she has, by this person, we have to make sure she's not further hurt by this situation... criminally i mean.

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Answered on 10/01/08, 4:18 pm

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