Can my son be charged with drugs and guns found in a car when they were not his?

Question

My son was a passenger in a car that was pulled over by the police, and he panicked and ran. The car contained drugs and guns, and the driver told the police they belonged to my son, although they didn't. My son has been arrested and is currently in jail. The driver, whose vehicle it was, has not been arrested because she agreed to talk to the detective. There was also a third person in the backseat who is a felon, but he was not jailed. How can my son be charged with the items found in the car when they were not his?

Michael G. Floyd · Answer

The Police charged your son based upon the statements of the driver, and because your son ran away . All of the factors you mentioned are valid issues that can be raised in a suppression hearing, and at trial. You did not mention where this occurred.  You need to retain a lawyer. 
M.G.Floyd, Esquire   901 799-4973

Anthony M. Avery · Answer

Constructive Possession is very possible, and running from LEO infers guilt.   Hire a lawyer now and prepare for a Preliminary Hearing.

James L. Arrasmith · Answer

What you're going through is incredibly painful, and it's understandable to feel confused and angry about how your son is being treated. In situations like this, police can charge anyone in the car with possession of illegal items if they believe those people had knowledge of or access to the drugs or guns. Just being in the vehicle can sometimes lead to what's called "constructive possession," even if your son didn’t physically have anything on him. 
 
Your son's decision to run might have made things look worse to law enforcement, even if he was just scared. That, combined with the driver pointing the finger at him, may have been enough for police to arrest him while they sort out the facts. Unfortunately, when other people in the car cooperate or make statements, it can shift the focus unfairly, especially if your son didn’t get a chance to defend himself right away. 
 
But an accusation is not the same as proof. The state will have to prove that your son knowingly possessed those items, not just that he was nearby. If there’s no fingerprint evidence, no statements tying him directly to the drugs or weapons, and no physical possession, those charges can be challenged. Keep every detail, including who was in the car, where everyone was sitting, and anything your son remembers about the stop. He deserves a fair chance to tell his side and fight the charges.

Q: Can my son be charged with drugs and guns found in a car when they were not his?