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Speak Up! - View Question #535 |
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Question: If someone finds unused meth in your car that isn't yours can you be charged with possession of illegal substance? Even if it is not yours?
Answer: It depends. First you can always be charged with possession of drugs, the real question is can you be found guilty of it. In order to be found guilty, the drugs must be on you or within your immediate control. It is presumed that if the drugs are found in your car it is within your control. It will be hard to prove that someone left their drugs in your car and therefore they are not yours. So unless the person who actually own the drugs admits that they are theirs, you won't have much luck in proving the drugs are not yours when found in your car.
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| 1 thru 5 of 13 comments |
On 12/05/08
jes from AZ said:
cont. do not forget that posession is 9/10ths of the law, do not be around/near anyone who is or is participating in anything with the potential to get into trouble-I KNOW ITS HARD. i moved away after this happened to me and there is trouble everywhere (even within our own families) trust me IT IS ABSOLUTELY NOT WORTH IT! if i have to be alone forever (just me and my boys) then thats the way it has to be, if we ever want to stay together...
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On 12/05/08
jes from AZ said:
ref.to jeremy from CA.i am going thru a similar case(only it wasn't"unused",it was a'used'bag,apparently aprox.a.07)??&i dont believe in lying to the children so..it DOESN'T MATTER THAT I CAN PROVIDE CLEAN URINALYSIS'ALL DAY LONG EVERY DAY FOREVER..IT DOESN'T MATTER THAT I HAVE NEVER BEEN CHARGED WITH A FELONY IN MY LIFE..IT DOESN'T MATTER THAT I HAVE HAD NO PRIOR DRUG CHARGES OR CONVICTIONS IN MY LIFE-EVER.ive never even beenSEENwith drugs or paraphenelia because i wouldNEVERknowingly do something soSTUPID.I HAVE4BEAUTIFUL BABY BOYS&I AM GOING TO PRISON FOR4YEARS FOR SOMETHING I DID NOT DO.j.
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On 05/19/07
john from VA said:
could you be charge if you are in a car there is Khat OR grabo (At that point the leaves contain cathine, a Schedule IV substance).which is used in east africa and after they found it no one in the car claimed including the owner and the driver.....so what could happen to u if you are passenger of the car.... and the trooper said he doesn't know what its but he is gonna take it to the lab and make sure if there are cathine inside..and then he is gonna do the charge...
thanks ..
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On 07/27/05
deanne from IA said:
yeah you will be charged.even if it isn't yours it is still in your "possesion"
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On 09/03/04
jeremy from CA said:
it depends. If it really is not yours and you can provide evidence (clean urinalysis results)and have no prior (drug) charges, chances are a jury of 12 of your peers are not going to convict you.
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