if i were pulled over by police and they find drugs but my passenger takes the blame can i still be charged?
2 Answers from Attorneys
Yes. The police and prosecutor may be able to prove that you or both of you were in possesion
of the drugs. It depends on the facts, but in all likelyhood, if you are charged, you will be
held over for trial by the District Justice. From that point it will be up to the district attorney to
decide whether or not to press charges. But just because the passenger "takes the blame"
does not mean you are in the clear. It will be up to the factfinder to decide if you too were
in possesion as well.
You can definitely be charged--the question is, can the prosecutor (DA) show that you were in actual or constructive possession of the drugs. This will depend strongly upon the facts. Feel free to call our offices to discuss: 267.639.3105.
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