Q: What possible defenses does a defendant have if they did not know that someone they were with had drugs on them?
My brother was caught with drugs while going to the jail for an inmate visit. I had given him a ride but was not privy to the drugs he had with him. When the cops found the drugs on him I was taken on his behalf because he was a minor in my care. What are my defenses?
A: If a defendant did not know that someone they were with had drugs on them, they could use the defense of lack of knowledge or ignorance. This defense would be used to show that the defendant did not have any knowledge of, or intent to possess, the drugs. Other possible defenses include duress, entrapment, or a violation of the defendant’s constitutional rights.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
