Drug Possession: More for the Lawyer Minded People.?
Question by Deborah H: More for the lawyer minded people.?
My cousin was recently arrested and on probation. He failed to check in with his p.o. and was in another vehicle when they were pulled over. The car is registered to my cousin, but it is the other guys car. The other guy also had 7g of meth but my cousin had nothing. They let the other guy go, arrested my cousin with pos of controlled with intent to distribute. How does this work if the drugs weren’t found on my cousin. I’ve check county records and sure enough he is listed as the one in possession. I get takin him to jail for parole violation but not the other guys drugs. Any ideas on why they may have done this. Any way to fight it. The judge is talking 3 years. Im thinkin it should only be 6 to 8 months for violation of parole, not drugs that the cops found on the other guy. Thanks for all the help..
The drugs were found in the other guys pockets. None in the vehicle or on my cousin.
Best answer:
Answer by ?Top Notch Mama?
if the car is register under ur cousin names than basically is considered his, n if the meth was found on the veh, than is the owners responsibility..n being on probation doesnt really help your cousin
What do you think? Answer below!
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Related Drug Possession Information…
We have the following facts:
1.) The car belongs to your cousin.
2.) Your cousin was in the car.
3.) The drugs were in the car.
Your cousin was in “constructive possession” of the drugs if they were in the car where he could have reached them.
Unless they were actually being carried by the other guy (and the cops found the drugs in his pocket or something) then your cousin can probably be convicted.
If the drugs were in the other guys pocket, i don’t understand how your cousin got charged. Unless he said they were his? If they were in the car,and the car is registered to your cousin, he was in the car, and he was a probation violator? that is why your cousin went to jail, and yes, unless the other guy cops to the drugs being his, 3 years sounds about right for a probation violator,with new felony charges, oops let me take that back, “with intent to distribute” that ups the time, i say given the facts you have laid out, your cousin should be glad he is being offered 3 years. Intent to distribute usually carries around 5 yrs, and already on probation? Parole? if he violated parole, he will go back to prison to finish his sentence. probation and parole are different. either way, he is most likely going to jail for a minute.