Legal Question in Criminal Law in Colorado

if a person is driving someone elses car and gets pulled over and they find a ounce of meth in the car,can that person be charged with the meth even though it is not his car?


Asked on 11/25/09, 7:46 am

2 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

Yes, the person driving can be charged, as can any passenger. However, in order to prove that the occupant of a car is guilty of possesion, the state must prove beyond a reasonable doubt the driver knew there was something in the car and that it was meth.

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Answered on 11/30/09, 10:13 am
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Charged? Yes. Convicted? Maybe... knowing posession is the key.

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Answered on 11/30/09, 11:44 am


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