Legal Question in Criminal Law in Arizona
if your a passenger in a car and the car has drugs in it can you be charged if your not the driver
2 Answers from Attorneys
Simple answer: Yes. But whether the government can prove the charge is a different story. The government has to prove either that you had "actual" possession (example: it's your car, you were the driver, or you had the drugs in your possession etc.) or "constructive" possession (example: you knew the drugs were in the car and you exercised some control over them etc). Feel free to contact me directly if you want to discuss further.
Yes, in the state of Arizona, you can be charged with the possession of any drugs within your immediate dominion and control. This is called the theory of "constructive possession" and does not require that you actually possess the drugs on your immediate person. However, the state must show that you had knowledge of the existence of drugs. If you have been charged with drug possession, it's important to contact an experienced criminal defense attorney who can review the facts and circumstances in your case for any technical and legal defects (i.e. suppression issues, police misconduct etc.). Hope this helps. Best of luck to you!
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