Not even in your worst nightmares, you want to be arrested for possession of drugs while on the road. What will make it even worse is that if you weren’t even aware of the drugs being in your car and were still prosecuted for it. If police find drugs even in an illegal search, unless you have a good attorney, you may be in for drug possession charges. It won’t even matter if you were in actual possession of the drugs or not.
This article will help you understand how you can help yourself if drugs are found in your car.
If Drugs Are Found In A Car Who Is Responsible?
Know that if drugs are found in your car, you will be the one getting arrested for drug possession. The only person who can help you now is a criminal defense attorney lawyer. But there’s a ray of hope in all of this; police cannot just stop your vehicle and search it for possession of drugs on a whim. There are constitutional restrictions that prevent the illegitimate search of any vehicle unless it can be justified. If the police can’t justify stopping or searching your vehicle for drugs, they have a weak foundation for their case which can be exploited by an experienced attorney. Also, when preparing drug possession defenses, an attorney will also inquire on where the drugs were found in the vehicle.
Criminal laws pertaining to the illegal search of a vehicle is rather complex, and police officers may not be able to fully impose drug possession charges unless it was an actual possession. Even if it was a constructive possession, possession of illegal drugs can still land you 5-10 years in prison along with a monetary fine ranging from $5K to $10k depending upon the state you were arrested in.
Drugs Found In Car Not Mine – What To Do?
First and foremost, if you are being arrested for drug possession, whether the drug found are carried by you or another passenger, you need to remain calm and behave lawfully. Do not take a plea, EVER! This is where you request that you need a lawyer and refrain from bringing up any confidential or sensitive information. At most, provide the police officers with your name and basic personal information that you are legally obliged to, that’s it. Under any circumstances, do not speak further to the police as what you say can be used against you in the court of law.
Try not to resist an arrest and remain respectful. Your attorney will be handling everything on your behalf so no need to make things further complex. If the police have conducted an illegal search, they are already on thin ice and your attorney may help you walk free. Tell the police that “I do not consent to this search”; they will still proceed with the search and arrest, but this will help your lawyer prepare a stronger case.
Drug Possession Defenses:
Your attorney may be able to mitigate and even completely negate the drug possession charges by proving:
- Drugs found were not under your possession
- You were unaware of the presence of the drugs
- You were unaware that the substance was categorized as illegal drugs
- The search conducted by police officers was an illegal search
- The substance is prescribed to you by a doctor
In any case, if drugs are found in your car an attorney can help you get out of the matter. The police will never believe you even if you keep yelling “drugs found in car not mine”, they hear that more than often, so do as aforementioned and get yourself an experienced attorney ASAP!