Q: I got charged along with 2 others in the car, with possession of drug paraphernalia, but I had nothing on me.
I had nothing relation to drug paraphernalia on my person, it was not my vehicle, we were parked, I wasent smoking, I was sober, I was in the driver seat, the owner of the car was in the passenger and also when the police came up to the window, the owner admitted everything was theirs. They gave me a citation for possession of drug paraphernalia but I didn't have any of that on me and none of it was mine so why did I get a citation and have to pay a fine for something I didn't do? Please help me, I can't afford a ticket, my record is squeaky clean, I've never been stopped by a cop before this.
A:
First, it is possible for two or more people to jointly possess one thing. Before anyone can be held legally responsible for criminal possession of a thing, there must be evidence that that person knew of the contraband's identity and existence.
It's important to know that ownership is not the same as possession. Ownership means one or more persons have the right to control, destroy, modify a thing. Knowing possession means a person "exercises dominion and control" over a thing. Example: If I borrow my neighbor's lawn mower, it's in my possession not hers, while I use it to mow my lawn. But she still owns it throughout.
Go to court. Fight to keep it off your record. A lawyer will give you an advantage in doing so.
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