Can I Get in Trouble for Being in a Car with Someone Who Has Drugs?

A question we frequently receive from young people is whether they can get in trouble for being in a car where drugs, THC vapes, or other illegal substances are present – even if these items don’t belong to them. The answer involves understanding how Georgia law determines who is responsible if drugs are found in a car.

The Different Types of Possession in Georgia

When it comes to determining who is legally responsible for illegal items found in a car, the law recognizes two main types of possession:

Actual Possession

Actual possession means you physically have the item on your person. For example, if you’re holding something in your hand or it’s found in your pocket, that’s actual possession. This type of possession is relatively straightforward.

Constructive Possession

Constructive possession is more complex. It means that:

• The item is in your area
• You have control over it
• You intend to control it
• You’re aware that it’s there

This type of possession doesn’t require you to be physically holding the item.

The Concept of “Joint Constructive Possession”

When multiple people are in a car where drugs or other illegal items are found, the concept of “joint constructive possession” often comes into play. This means that multiple people can potentially be considered to “possess” the same item simultaneously if it’s in a shared space.

This is frequently the situation in vehicle stops when:

• Drugs are found in a center console
• Alcohol is discovered (when passengers are under 21)
• THC vapes or other illegal items are found in shared areas of the car

Real-World Examples of Who Gets Charged When Drugs Are Found in a Car

We’ve seen various scenarios play out when illegal items are found in cars with multiple occupants:

1. One person claims ownership, but everyone gets charged: We’ve seen cases where one person in the car claims the illegal items belong to them, but officers still charge everyone in the vehicle.
2. Nobody claims ownership, so everyone gets charged: When no one takes responsibility for the items, officers sometimes charge everyone in the car.
3. Officers determine one person is responsible: Sometimes, officers may charge just one person if they have reason to believe the items belong specifically to that individual.

We’ve even encountered a case where friends tried to “help” someone by claiming shared ownership of illegal items, only to have that person deny any knowledge – resulting in the helpful friends being charged while the actual owner avoided charges.

How to Protect Yourself When Riding in a Car with Others

It’s important to understand that there’s a higher standard to convict someone than there is to charge them. However, being charged at all can create significant problems in your life.

The best approach is preventative:

• Avoid riding in vehicles where you know illegal substances are present
• Be cautious about who you ride with and what they might have with them
• Understand that your presence in a vehicle with illegal items puts you at risk of charges, even if they don’t belong to you

This strategy minimizes your risk of arrest and avoids the stress, expense, and potential consequences of having to defend yourself in court – even if you might eventually win your case.

What To Do If You’ve Been Charged When Drugs Were Found in a Car

If you’ve been arrested, cited, or charged with possession of drugs, THC, or other illegal substances that were found in a car you were in, it’s important to get legal help quickly.

These cases often hinge on specific details about:

• Where the items were found in the vehicle
• Your awareness of the items
• Your access to and control over the items
• Statements made by you and others in the vehicle

At Ghanouni Teen & Young Adult Defense Firm, we focus on helping people in their teens and twenties navigate these complex situations. Contact our office for a complimentary defense strategy meeting to learn how we can help with your situation.

This article provides general information and is not specific legal advice for your case. If you need specific legal advice, please contact our office.