Q: Charged for crime which friend in car committed.
I drove friend home because she was unable to drive, pulled over and contraband found inside vehicle, already had probable cause for pulling us over, and conducting a search. cases are separate, and friend already took guilty plea. I am still being charged with same crimes which friend plead guilty to in her case. the contraband was friend's, and the car was not mine. friend has long history of similar charges. need to know which motion can be filed, since motion to suppress has to be for an illegal search, and no trial has been scheduled yet?
A: This is a constructive possession case. The government is trying to argue that although you did not have actual possession of the contraband, you had the ability to exercise dominion and control of the item(s). It is not a situation where a motion is going to get a case dismissed. You need an attorney.
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