You can face drug charges under Texas law if you are a passenger in a vehicle in which the police find drugs. The test for a criminal charge depends upon whether you had care, custody, and control of the drugs as a passenger in the vehicle. In other words, there must be a direct link between the drugs found in the vehicle and the persons occupying the vehicle.
For instance, if drugs are located in the glove compartment, and both the driver and a passenger admit that they knew the drugs were there, they both could face drug charges. If, however, both driver and passenger deny knowing about the drugs in the glove compartment, then the passenger may be in a better position with respect to criminal charges; since the vehicle belonged to the driver, then he presumably would have a stronger link to the drugs than the passenger, who might never have ridden in the car before.
Can a Passenger Be Charged if Police Find Drugs in the Vehicle?
Whether you will face drug charges as a passenger in a vehicle also may depend on the location of the drugs in the vehicle. For example, if you were seated in the front passenger seat and the police located drugs under your seat, then you likely would face charges. If, however, you were seated in the back seat of someone else’s car, and the police located drugs in the trunk of the car, it would be far more difficult to charge you with a drug offense.
If you find yourself charged with any type of criminal offense, you need legal advice that only experienced Texas criminal defense attorneys can offer you. As the consequences of any criminal conviction may be severe, you should immediately contact a skilled defense lawyer for help if you have been accused of a criminal offense. Peek & Toland provides strong legal representation on a regular basis for individuals who are charged with various crimes. It is our priority is to represent your interests and protect your rights. Call us at (512) 399-2311 and schedule an appointment to speak with us today.