Legal Question in Criminal Law in Virginia

Can I be charged for possession of cocaine if a bag was found somewhere in a person car and me just being a passenger will it hold up in court??


Asked on 2/22/10, 10:54 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Could be possible; better get an attorney to represent you.

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Answered on 2/27/10, 11:29 am
David Saiki Law Office of David M. Saiki

The question you are asking is whether you can be charged with "constructively possessing" the cocaine. The Commonwealth would need to prove that you had knowledge of the cocaine as well as "control and dominion" over it. This is a common issue. The outcome depends on several factors, including where the cocaine was in relation to you, whether you admitted knowing where it was. On the upside, there is no guarantee that you will be found to have contructively possessed the cocaine. Please see my website for more info on the criminal process.

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Answered on 2/27/10, 1:22 pm


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