if I was in the back seat of a car where drugs were found can I be charged to if they were not mine

UPDATED: Sep 30, 2022

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if I was in the back seat of a car where drugs were found can I be charged to if they were not mine

I went to jail and had to post
bond for getting pulled over with
a friend and drugs were found but
we’re not mine I was just a
passenger can I be liable

Asked on July 21, 2017 under Criminal Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can be charged if the authorities think they were yours, or that you were helping to transport, buy, or sell them. You can be convicted if there is sufficient evidence--such as based on where the drugs were found (were they next to you?) and what other people in the car say (do they all claim that the drugs were yours?)--to convince a court "beyond a reasonable doubt" that these were your drugs. *You* may know these were not your drugs, but the authorities and court only "know" what the evidence and testimony indicates. So it it appears these were your drugs, you could face criminal liability.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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