Legal Question in Criminal Law in Maryland

Guilt by association?

My wife and I, along with two friends, were driving on the highway and were on our way to our vacation. I was driving my wife's car and was pulled over in Maryland for going 15 mph over the speed limit. The police officer asked if we had any contraband in the car and I replied no. He then asked if he could search the car and trunk. I had thought we had nothing to hide so I said yes. It turns out that UNKNOWN to my wife and I, one of our friends had an ounce of marijuana in his suitcase. When searched he also had a small amount of marijuana in his pocket. There were no drugs or contraband anywhere else in the vehicle and no one was smoking or drinking in the car at all prior to getting stopped. Can my wife and I be held accountable for his actions and charged for this when we were not aware that he had marijuana in his possession? We had told our friend that drugs would not be allowed in our car! Thanks...


Asked on 7/30/04, 11:51 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Guilt by association?

Charges could be made against the driver and owner of the car where transportation of contraband is involved. All the occupants could have been arrested and processed. Whether charges will issue or not is not certain.

If you should be charged you should obtain an attorney immediately. Intent is generally an element of most criminal charges. (410) 799-9002

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Answered on 7/31/04, 10:42 am


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