Alcohol & Drugs: MIP, MIC, Intoxication Possession knowledge afterwards

[Genesis92]

Jurisdiction

Virginia

Me & my two cousins are initially going to another city to visit my aunt. Later that night we go to a bar and without my knowledge my cousin obtained marijuana from someone at the bar. When we go to the car to leave later that night and my cousin makes an illegal U-turn causing the police to pull us over, he said he could smell the marijuana and asked us to get out of the car. To my knowledge at the time there was none and my cousin also said she didn't have any. He finds it and I immediately denied it of course but my cousin never owned up to it either. So we are both summons with simple marijuana possession. I didn't know at the time that there was any marijuana until after the fact the next day when she finally admitted it to me that she got it while we were out. But she intends to stick to her story at court that she doesn't know about it because she doesn't want to get in trouble. Now that I have this information should I tell what I know. Would that help me? I have used marijuana but only once 4 years ago and I am very concerned about my future?

 

[army judge]

You plead not guilty, hire a lawyer, tell ONLY your lawyer.

Don't discuss this with anyone but your lawyer.

In the interim, STAY AWAY FROM THE OTHER PARTIES, and keep what you know to yourself.

 

[mightymoose]

Typically the driver if the vehicle will be held responsible when nobody claims ownership. If you were the passenger in the vehicle then there would have to be evidence connecting it to you. The location where it was found can be very suggestive of who it belonged to.
As above, tell only your lawyer. Making statements of any kind without legal counsel is not wise.

 

[Highwayman]

Typically the driver if the vehicle will be held responsible when nobody claims ownership. If you were the passenger in the vehicle then there would have to be evidence connecting it to you.

That's a bit of a stretch. If I find drugs in the car every occupant is getting charged unless someone admits it's theirs.

 

[Highwayman]

Now that I have this information should I tell what I know. Would that help me?

No - it would be he said/she said. As you have already been advised you need to get an attorney, not an Internet forum.

 

[mightymoose]

Arresting each person in the vehicle when dope is unclaimed is different than convicting each person.
Ultimately the driver is responsible for the vehicle and everything in it. If there is no evidence or circumstances connecting passengers to the contraband then it is the driver's by default.

 

[army judge]

If there is no evidence or circumstances connecting passengers to the contraband then it is the driver's by default.

As you suggested. an arrest doesn't necessarily imply a conviction will follow.

If "dope" were found in a front seat back pocket, the rear seat passenger sitting behind that pocket, isn't necessarily guilty because it was nearest that person.

It is the driver who'll usually wear that crown, if the others don't start yapping.

If the "stuff" had been found in a rental car, city bus, or taxicab; the principal of its closest to you would be even harder to pin on that person.

The smartest thing anyone can do is avoid associations with people you don't trust 100%.

There is more than one reason why I would never ride in a car belonging to a casual acquaintance.

Heck, these days with rampant smoking of weed, it makes sense to walk.

 

[Highwayman]

Arresting each person in the vehicle when dope is unclaimed is different than convicting each person.

I don't know about where you work, but where I work it's rare for ANYONE to be convicted of what they are originally charged with.

Unclaimed contraband in a motor vehicle, including drugs and firearms? All occupants go. Then it's up to the District Attorney's office.

 

[mightymoose]

I've known others to make arrests that way. Personally, I think it is bad policy.
I dont arrest anyone unless I have good reason to believe they committed an offense, or at least the driver by default as mentioned. The DA can still sort things out even without an arrest.
With the limited information the OP gave here it is unlikely there is sufficient evidence to pursue a criminal charge against anyone but the driver. Arresting others for exercising their right to remain silent and enjoying the presumption of innocence could be a slippery slope that some day results in some liability issues for the arresting officers.
Personally, I submit things out of custody all the time. If the DA files then I go back later and serve a warrant.

 

[Highwayman]

Arresting others for exercising their right to remain silent and enjoying the presumption of innocence could be a slippery slope that some day results in some liability issues for the arresting officers.

Arresting others for constructive possession is perfectly fine around here.

 

[army judge]

Arresting others for constructive possession is perfectly fine around here.

Legal in one, illegal in another, inform yourselves citizens.