Fuller Criminal Defense
Best D 2023
Rated By Super Lawyers | H. Alex Fuller | Selected In 2024 Thomson Reuters

Call My McKinney Office To Request A
Free, Confidential Consultation

Fuller Criminal Defense
Best D 2023
Rated By Super Lawyers | H. Alex Fuller | Selected In 2024 Thomson Reuters

Call His McKinney Office To Request A
Free, Confidential Consultation

Can you get arrested for drugs in a car when you’re a passenger?  

A routine traffic stop turns serious when police find drugs in the car you’re riding in. This happens more often than you might think, and many innocent passengers face drug charges each year. Knowing your rights can make a big difference in how these situations turn out.  

What does drug possession mean?  

The law looks at drug possession in two ways. First, there’s direct possession. This is when you have drugs on you. Then there’s constructive possession. This happens when you can control or access drugs nearby, even if they’re not in your hands. In a car, constructive possession matters most because it lets police charge anyone who could reach the drugs.  

Your rights when riding in someone’s car  

Just being in a car with drugs doesn’t make you guilty. The state must prove you knew about the drugs and could control them. Here’s what police and courts look at:  

These facts help build a case:  

  • Where the drugs were in the car  
  • If you knew about the drugs  
  • How close you sat to the drugs  
  • How did you act during the stop  

These points often help passengers:  

  • You don’t own the car  
  • You didn’t know about the drugs  
  • You couldn’t reach where the police found the drugs  
  • The drugs belonged to someone else  

The safest choice is to be careful about whose car you ride in. If police find drugs, stay calm and remember these key points. Don’t answer questions about the drugs or make statements without a lawyer present. While being in the car isn’t enough for a conviction, these cases often need expert legal help to protect your rights.  

If you face drug charges as a passenger, talk to a criminal defense lawyer immediately. A good lawyer knows how to fight these charges and can often spot problems with the police’s case against you. 

 

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