Los Angeles DUI Lawyer Blog
If you are arrested along with the driver of a car in which marijuana is found, you can be legally arrested for drug possession, even if it was not yours. However, if the marijuana was not found in your possession and it was not yours, an experienced Los Angeles Criminal Defense attorney will be able to prepare a strong defense in your favor.
If marijuana is found in your vehicle then you can also be charged with medical marijuana possession charge even if it is not yours. Under this scenario you might need a stronger defense, because prosecution will appeal to the fact that if it is your car, you should have known its contents.s
One potential defense a knowledgeable criminal defense attorney may use is that of your constitutional right to be protected from illegal search and seizure.
A good majority of these cases may question the officer’s authority to check in the vehicle in the first place. If it was illegally obtained, it cannot be used as evidence in court. Fourth amendment rights are complex and intricate. If you feel there may be a violation of your rights, contact a criminal defense attorney who is familiar with its complexities!