Q: Charged with possession as a passenger; probation revoked. What are my rights in Mississippi?

A: You have several important rights in this situation that you should be aware of while navigating this challenging time. As a passenger, you generally have Fourth Amendment protections against unreasonable searches and seizures, and officers typically need reasonable suspicion to detain you during a traffic stop without explanation. In Mississippi, "constructive possession" charges require prosecutors to prove you had knowledge and control over the illegal items, which may be contestable if they were found under the driver's seat without your knowledge.

Your probation revocation isn't automatic, and you have the right to a revocation hearing where you can present evidence, cross-examine witnesses, and challenge the new charges. Securing legal representation immediately is crucial; if you cannot afford an attorney, request a public defender at your first court appearance. You should also gather any evidence supporting your case, including witness statements from the driver or other passengers who can testify about your lack of knowledge regarding the items found.

Time is of the essence in both fighting the possession charge and preparing for your probation revocation hearing. Document everything you remember about the traffic stop, including whether officers had probable cause to search the vehicle and whether they informed you of why you were being detained. Your prior clean record for eight years might work in your favor when presenting your case to both the judge handling your probation and the court addressing the new possession charge.