Q: My boyfriend was pulled over and the passenger had marijuana and money. He got charged is it legal
The passenger told cops it was his but it wasn't found on him nor was it his vehicle. We it was he say she say.
A: Yes. It’s called constructive possession: if it’s open in an area within reach, and everything in his car is in reach, it creates a rebuttable inference it was his. He has a defense, however, and cases like this can be won. Just because there’s probable cause to charge does not mean there’s sufficient evidence beyond a reasonable doubt to convict. He needs a lawyer.
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A: Sure it's legal. If contraband and cash are found in a car, it's not unusual, and perfectly legal, to charge the occupants. It sound like he has a potentially winable constructive possession case. He should hire an experienced criminal attorney.
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