Can I be charged if a
passenger in my car has drugs in his or her possession?
Most drug charges in Utah are based on drugs or paraphernalia found in
the
immediate possession of the defendant. But in some cases, a person may
be charged with drugs found in the possession of another person.
Passengers in a vehicle may leave drugs or paraphernalia in the car
that then become the
basis of a constructive possession drug charge against the driver. In
some cases, drugs found in the immedate possession of a passenger could
also be attributed to the driver under principles of "joint" or "group"
possesion.
If you are facing
drug possession or other criminal charges in Utah, an experienced
criminal defense attorney can be vital to a successful outcome in your
case. Based in Salt Lake City, criminal attorney Stephen Howard has
spent his carreer defending the rights of individuals who have been
prosecuted for criminal charges. Contact us today to arrange for an
initial confidential consultation.
Constructive Possession in Utah Drug Cases
Utah
criminal law recognizes two kinds of
drug
possession: actual
possession and
constructive
possession.
Actual possession is a relatively straightforward concept, and
typically involves
cases where drugs or paraphernalia are found in a person's pocket,
purse, wallet, etc. A
charge under constructive possession principles can be more complex,
and may involve a scenario where drugs or paraphernalia found in one
person's possession
or unattended are attributed to another person.

A
constructive possession charge can be pursued under Utah law even if
there is no evidence that the defendant ever touched the drugs. In
defining the term
"possession" in context of a controlled substance case, Utah Code
58-37-2 addresses the concept of constructive possession. Under this
statute, a constructive possession charge can be established if the "controlled
substance is found in a place or under
circumstances indicating that the [defendant] had the ability and the
intent
to exercise dominion and control over it."
Common scenarios leading to constructive possession charges could
include drugs found under a vehicle seat or in a glove box. In some
cases, the driver may know about the drugs and also have the ability
and intent to exercise control over the drugs. In such cases, the
driver would be guilty under a constructive possession theory. But in
other cases, the drugs may have been left behind by a former passenger
who is no longer in the vehicle, or even hidden by a passenger who
realized that police might be conducting a search. In these cases, a
driver might not even know that the drugs were present. Unless police
and prosecutors can prove that the driver knew the drugs were present,
and also had the intent and ability to exercise control over the drugs,
a constructive possession case is not
supported.
Group Possession and Joint Possession
In some cases, both the driver and a passenger may face drug possession
charges under the concept of "joint" or "group" possession. The
definition of "possession" under Utah Code 58-37-2 explicitly includes
joint and group possession of drugs. So long as a prosecutor can
establish that each individual in the group had both teh intent and the
ability to exercies control or dominion over the drugs, then each
individual can be charged with possession.
Finding a Utah Criminal Lawyer in Salt Lake City

If you are
facing charges for possession
of a controlled substance, an experienced
Utah
criminal defense attorney
can make all the difference.
Salt
Lake criminal lawyer Stephen Howard has a
track record that speaks
for itself.
Contact us now to
schedule an initial consultation.
RELATED CRIMINAL DEFENSE TOPICS
Can
I be charged with possession just for failing a drug test in Utah?
Can I be charged with
drug possession if someone else took the blame?
Can
I be charged with marijuana possession if all of the marijuana has been
used?

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences
»