• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Driver sells drugs to undercover, passengers didn't know drugs were in car

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dlprthug79

Junior Member
What is the name of your state? NEW YORK

I was riding around with a 3 friends on our way to the club. The driver is on the phone with someone and says he has to make a stop. The driver pulled over, got out the car and sold drugs to an undercover. I was in the front seat and had just gotten picked up from the airport. We got pulled over a block away and when the police got us out of the car they found a 4 bags of coke in the center consel and coke and epills on the driver. They charged all of us with possession. I didn't know drugs were in the car. They never towed the drivers car, they didn't recover the drug money that the driver was given, and they did not recover the cell phone which recieved the phone calls from the undercover. How can I be charged? The 2 back seat passengers charges were dropped, I am still going to court - they offered me 5 years probation and I did not take it. I made no statements, the two back seat passengers did. They said "claimed to tell the DA that the only person who knew drugs were in the car was the driver. What should I do?

Law Code and Code Section/Subsection

PL 220.39 01 *** TOP CHARGE ***

B Felony, 1 count, Arrest charge, Not an arraignment charge
Weapon/Drug: Cocaine
Description: CSCS-3RD:NARCOTIC DRUG
Indictment Count: 1

Law Code and Code Section/Subsection

PL 220.16 01

Charge Detail

B Felony, 1 count, Arrest charge, Arraignment charge
Weapon/Drug: Cocaine
Description: CRIM POSS NARCO DRUG INT/
Indictment Count: 2What is the name of your state?
 


smutlydog

Member
What is the name of your state? NEW YORK

I was riding around with a 3 friends on our way to the club. The driver is on the phone with someone and says he has to make a stop. The driver pulled over, got out the car and sold drugs to an undercover. I was in the front seat and had just gotten picked up from the airport. We got pulled over a block away and when the police got us out of the car they found a 4 bags of coke in the center consel and coke and epills on the driver. They charged all of us with possession. I didn't know drugs were in the car. They never towed the drivers car, they didn't recover the drug money that the driver was given, and they did not recover the cell phone which recieved the phone calls from the undercover. How can I be charged? The 2 back seat passengers charges were dropped, I am still going to court - they offered me 5 years probation and I did not take it. I made no statements, the two back seat passengers did. They said "claimed to tell the DA that the only person who knew drugs were in the car was the driver. What should I do?

Law Code and Code Section/Subsection

PL 220.39 01 *** TOP CHARGE ***

B Felony, 1 count, Arrest charge, Not an arraignment charge
Weapon/Drug: Cocaine
Description: CSCS-3RD:NARCOTIC DRUG
Indictment Count: 1

Law Code and Code Section/Subsection

PL 220.16 01

Charge Detail

B Felony, 1 count, Arrest charge, Arraignment charge
Weapon/Drug: Cocaine
Description: CRIM POSS NARCO DRUG INT/
Indictment Count: 2What is the name of your state?
One possibility is that the driver rolled over on you. An attorney can find out why you were chosen over the other pasengers.
 
Last edited:

xylene

Senior Member
Another possibility is that the drugs being in the center console puts them in your 'area of control' in the vehicle compartment. That said it is possible for drugs in the center console to be considered under the control of any / all occupants.

If the drugs were readily accessible to you, your knoweldge of them may be secondary.

You most deciededly need a lawyer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top