The police found drugs and a gun in the car where my eighteen year old son was a passenger but they weren’t his. Will he go to jail for this?
Your son may have several defenses that should be reviewed with an attorney. The traffic stop may not have been legal, and if it was not, then any drugs or weapons found as a result would be suppressed at trial. It would also be important to know how and where the drugs and weapon were found. Since 2003, when the U.S. Supreme Court decided Maryland v. Pringle, any occupant of a vehicle is at risk of being charged with any illegal items found in the search of the vehicle. The court will look at the totality of the circumstances to determine if it is reasonable to suspect the passengers of illegal activity, considering the reason for the traffic stop, the time of day, and the demeanor/behavior of the passengers. You have to be very careful who you ride with these days. However, if one of the other passengers admits or confesses that the drugs are his, it may help you son at a preliminary hearing or at trial to get the charges dismissed. If your attorney advises you that a trial would be risky, you can also look into diversionary programs for first-time offenders such as Pre-Trial Intervention and Drug Court.
Wednesday, March 12, 2008