Legal Question in Criminal Law in New York
please help me
My fiance robert was pulled over and he had no drugs on his person at all. Me and my father and in law had cocaine on our person. My father in law had 8.5 grams of powered cocaine and i had 1 gram. In our statements to the police we both said that robert made us hide the drugs on our person.He is being charged with a Class B felony( criminal posession of a controlled substance in the 3rd) His father in law was charged with the same crime. Can robert be charged with posession when he had nothing on him only our statements saying he had given it to us?
1 Answer from Attorneys
Re: please help me
The driver of a vehicle is presumed to have knowlegde of all that is in the vehicle. In cases such as these, the driver is presumed to have knowledge of the drugs in the vehicle.
The major issue in a case like this would be to challenge the stop and the search all together and as a result get the case thrown out all together against everyone... and potentially against yourself as well.
feel free to contact my office for a free phone consultation during regular business hours at 212.709.8303
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