arrested for drugs that weren't mine!

[chrisngold]

What is the name of your state (only U.S. law)? new jersey
i was taking a ride in my friends car sitting rear driver side with her boyfriend in the passenger side. we had gotten pulled over and searched cause the cops said we cut someone off and cause they knew who the driver n boyfriend were.(arrested before for drugs in that area). the cops asked to search the car and the driver said no cause the cops might plant drugs in the car when she refused they towed the car and got a warrant to search. when they searched they found a marijuana joint n enevelope in glove box n a small amount of cocaine in center consol. no one fessed up to who's drugs they belong to. even though the cops knew who they were n the boyfriend has been charged with cocaine possession prior n is facing prison time. now when i go to municipal court will it be hard to fight it wasnt mine considering where i was n the car n the drugs. plus refusal 2 search n his priors?i was fully cooperative n had nothing on me. i do have a prior under 55 gram marijuana charge. any advice how i should go about this?

 

[Zigner]

First: Drop the "text speak" - it makes things pretty hard to read.

Second: Get an attorney. Don't talk to ANYONE other than the attorney about this.

 

[CdwJava]

First, hire an attorney.

Second, understand that the state will have to show that YOU had constructive control of the drugs. That is, they will have to show that you had both knowledge of the drugs and the ability to touch or manipulate them. Absent a statement from one of your pals or some other compelling evidence that just is not going to be easy.

I did get a chuckle out of your friend's contention that he did not want them to search because he was afraid that the cops would PLANET some drugs ... I mean, come on! The real reason he denied the search was that he did not want HIS drugs to be discovered, right?

Now, your friend's attorney may well argue the probable cause for the impound and the search warrant. I imagine they had some pretty good intelligence if they managed to tow the car and strike gold. That intel may also be how they plan to hang you. If they have an informant that can put you in the proximity of the drugs int he car, you're toast.

Consult local counsel ASAP.

- Carl