Asked in Criminal Law for Utah

Q: Can I get charged post fact?

I let my friend drive my car to pick me up from a party. I was extremely intoxicated. He got pulled over and had weed in the car. He claimed ownership over it and let the officer know it was his. The officer gave him a possession charge. My question is can I get charged after the fact as it was my car? I have pretty much no recollection of the entire night.

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1 Lawyer Answer
Brent J Huff
Brent J Huff
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: Technically, yes. However, the facts as you have provided them might not create probable cause to charge you with possession. The existence of weed in your car without you, does not on it's own, meet the definition of the crime. With that said, if the prosecutor's office has reason to believe that facts beyond these exist, they could charge even after-the-fact. If the police contact you, you have a right to remain silent. If the police contact you or if you believe that they may be investigating you, do not contact them. Rather, hire an attorney to speak on your behalf.

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