Q: If a vehicle gets pulled over and searched. Does the driver automatically get charged with anything found inside?
Unlawful possession of drug paraphernalia Class d mistomener
A: If a vehicle is pulled over and searched and drugs or drug paraphernalia is found, the police officer may charge everyone in the vehicle with possession of drugs/paraphernalia. It's called Constructive Possession, where they assume everyone in the vehicle was aware that the drugs were there and everyone had access to them. An experienced attorney can get the charges dismissed or reduced to a less serious offense, such as "Littering." Of course, the outcome of the case depends on which court it's being prosecuted in, the skill & experience of defendant's attorney, the age of the defendant, the defendant's prior criminal history, etc.
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