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  1. #1

    Default Can a Driver Beat a Drug Possession Charge if the Passenger Claims the Drugs Were His

    My question involves criminal law for the state of: New Hampshire

    State Trooper driving south bound stopped driver traveling north bound on interstate for speeding. Driver was never issued speeding ticket or given a written or verbal warning.

    Officer removed passenger from car after asking for liscense and register from the driver. Officer then removed driver. Officer informed driver the car smelt of marijuana. Officer offered consent to search to driver and driver did not comply. Officer got warrant to perform the search. Officer found 2 oz marijuana, mushrooms and scale. The passenger told police all drugs in the car were his. 4 grams were found in compartment in car, 2 oz in one bag and mushrooms in one bag.

    The passenger told police all drugs in the car were his and driver was not aware of them.

    My question is what sentencing can the passenger and driver face? Both were charged with acts prohibited felony

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Driver and Passenger Arrested Passenger Claims All Possessions Are His

    Both can be charged equally for anything that was not specifically on the person of the passenger. Passenger can be charged additionally for those items.

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Driver and Passenger Arrested Passenger Claims All Possessions Are His

    Both can be charged with simple possession and the evidence appears sufficient to assure a conviction for both. Both could also be charged with distribution. The scales and transportation tend to support such a charge. A conviction for distribution seems slightly more problematic for the state, but not overwhelmingly so. Sentencing depends on a lot of factors and can really only be knowledgeably predicted by an attorney that is fully educated on your specific circumstances.

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