Legal Question in Criminal Law in Washington

I was pulled over and arrested for driving on suspended they searced the car and found a couple of small bags with herion in them on the drivers side floor its not mine and the car was borrowed its not in my name can i get convicted for the drugs that were in the car

Asked on 8/29/13, 7:42 am

1 Answer from Attorneys

Stan Glisson Glisson & Morris

Short answer is yes, a person can be convicted under those circumstances. Washington law sometimes allows the prosecution to use a theory called "constructive possession", which in this case basically means that the driver / owner of the car is responsible for its contents. That does not prevent you from arguing "unwitting possession", meaning that even if it was under your control, you were unaware.

You definitely should talk to a lawyer as soon as possible.

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Answered on 9/06/13, 11:48 am

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