Can a Passenger Be Charged if Drugs Are Found in a Vehicle?

Passengers can be charged with constructive possession when they are in a vehicle where an illegal substance is found. Constructive possession is when you are not in physical possession of a substance, but you had knowledge that it was near you and you had the capacity to take control of it.

Say your friend was driving you to the store, and a police officer pulls your friend over. Upon noticing a bag filled with a suspicious-looking substance under the passenger seat, the cop searches the vehicle, and discovers that the bag contains drugs. The drugs may have belonged to your friend, and you may not have known that the bag was in the car, but the officer does not know that, and you and your friend are both arrested and charged with constructive possession.

Constructive Possession Conviction

If your case is taken to court, the prosecution must prove that you knew an illegal substance was in the car, knew the substance was illegal, and controlled or had the intention to control the substance. Simply being in close proximity is not enough to make a conviction.

You could face harsh penalties, including jail time and hefty fines, if you are convicted of constructive possession. The conviction goes on your criminal record and can affect your finances, and current or prospective jobs. Retaining legal representation from an experienced Dallas drug crime attorneys can help protect your future if you are facing charges.

Each case involving constructive possession charges is unique, and whether you are convicted will depend on your specific situation. In the earlier scenario, the contraband was under the passenger seat, but it could have been in the center console or the trunk, making it more difficult for the prosecution to prove that you knew about the drugs and could have potentially taken possession of them. A skilled attorney can work with you to understand the circumstances of your situation and develop a strategic defense to help establish your innocence.

Call Us for a Free Case Evaluation

If you have been charged with constructive possession, our Dallas criminal defense attorneys are here to help you navigate the complexities of your case. At Crain Lewis Brogdon, LLP, we have over 20 years of experience helping individuals overcome their legal struggles. Our Dallas criminal defense lawyers understand that facing possession charges can be confusing and frustrating, especially if you were not aware that illegal contraband was in the vehicle, and we will work closely with you to provide high-quality guidance for your unique case.

Call us at (214) 301-5007 or contact us online to schedule a free, no-obligation consultation.


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