Legal Question in Criminal Law in Nevada
possession of controlled substance
If 3 people are driving, the owner of the car is a passenger, her friend is driving, they get pulled over, the cop finds meth in the center console, nobody takes the blame, they all get charged. Isn;t the owner of the auto ultimately held responsible?
2 Answers from Attorneys
Re: possession of controlled substance
The owner and the driver would be presumed to both have doninion and control for probable cause purposes.
Re: possession of controlled substance
The owner of the vehicle definitely will be charged even if it is the passenger's meth under a theory of constructive possession. It would depend on whether the other passenger's knew of the meth to determine their fault for their own charges.
I would want to speak to you a little more in detail to determine the facts of your case and possible defenses. Please feel free to contact my office if you'd like to discuss your case further.
Regards,
Jim Herbe, Esq.
702.966.5686
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