Legal Question in Criminal Law in United States

if you borrow someone's vehicle, get pulled over,and because you are on parole for sales, the cop searches and finds,concealed behind the stereo drugs. After being arrested and posting bail the person who stashed the drugs there comes forward to take responsibility. After going to the public defenders office and speaking with the P.D. handeling the case for the person on parole, a statement is written and signed by said person. Is it the law that because the rightful owner has come forward, will the case be dismissed for the parolee?


Asked on 9/27/10, 8:25 am

1 Answer from Attorneys

S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

Of course you should follow the advice of your own attorney who knows your case. This is for general informational purposes only. You need to become educated in the law of narcotics transactions. Ownership of the drugs does not neccessarily determine culpability of "innocence". The laws of accomplice liability, conspiracy and the elements of "knowing possession" make actual ownership nearly inconsequential in some cases. If the person truly did not know that the drugs were contained in the vehicle, then it generally will now be up to your lawyer to try to persuade the prosecutor of that position- easier said than done. In the world of narcotics transactions one can envision many scenarios where true "owners" of the narcotics would utilize drug couriers, each with varying degrees of knowledge of what it is that they are transporting - from zero knowledge to full accomplice liability and participation. These are the issues that are litigated in these cases- not only whose drug package it was.

Read more
Answered on 10/02/10, 1:33 pm


Related Questions & Answers

More Criminal Law questions and answers in United States