What to do regarding drug possession charges if your car passenger is found with drugs?
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What to do regarding drug possession charges if your car passenger is found with drugs?
My kid and his 2 friends agreed to give a ride to another part of town to a guy who lives on their dorm floor. They got pulled over. My kid was the driver of the car and the cops found some illegal drugs on the guy that needed the ride. It turned out this was not his first charge (the other 3 kids never had any charges against them). All 4 got tickets for drug possession with a court date set. No driving ticket was issued so no idea why they were pulled over. Is there a need to get a lawyer? Is this something that can be easily dropped? Will this stay in their records and for how long?
Asked on December 2, 2011 under Criminal Law, Colorado
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This will stay on their records and they should immediately seek counsel to get this matter dropped. If your son was not given a ticket or a reason for pull over and the officer has not offered a reasonable aritculable suspicion or probable cause for pulling over, but searched this person for drugs, it appears your son and his passengers may have a case for an illegal search and seizure and fruit of the poisonous tree. Your son should immediately seek private counsel and work on getting this matter dropped and then expunged from his background criminal record checks and from his credit report, if applicable.
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