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Can I face charges if the cops find someone else’s drugs in my car?

On Behalf of | Sep 17, 2024 | Criminal Defense |

Picture this: You’re driving along when suddenly, red and blue lights flash in your rearview mirror. The cops pull you over and search your car. To your shock, they find drugs – but they’re not yours. Now what?

In Georgia, drug possession charges don’t always mean the drugs were in your pocket. The law can be more complicated than that. Knowing your rights and what to expect can make a big difference if you ever find yourself in this dilemma.

Understanding Georgia’s drug possession laws

Georgia law sees possession in two ways. Understanding these types can help you grasp how the law might apply to your situation:

  • Actual Possession: Having drugs directly on you
  • Constructive Possession: Knowing about drugs and being able to control them, even if they’re not on you

Where cops find drugs in your car matters, drugs in the glove box or center console can look worse than drugs hidden under the seat. How you act when stopped and what you say to the police may count, too. If you’ve been in trouble before, that might change how cops view things.

Factors that may influence charges

Many things can affect whether you face drug charges. Here’s a list of key factors that could impact your case:

  • If you knew about the drugs
  • Who was driving the car
  • Who owns the car
  • If there’s other drug stuff in the car
  • What you tell the cops

During a stop, try to stay calm and polite. Avoid saying anything that could get you in trouble. Even if you think you’re innocent, keep quiet. Your words can come back to bite you later.

If you are in this situation, legal assistance can help you work for a better outcome. Every case is different, so seeking out guidance and knowing state law can help you protect your rights.