What do you do if a friend pulls dope out in your car?

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Answer: Brake abruptly while jamming his head into the passenger side dashboard.

Better answer: Pull over and get your friend and the dope out of your car immediately – the only exception: the friend can stay, if the dope gets dumped immediately out of your car. Why? You can be arrested for “constructive possession” even if you are NOT the one holding the drugs. It is only required for your conviction of this crime, that the drugs be “within” your “reach and proximity,” and that you had “knowledge” of the presence of the drugs, and “knowledge” of the “illicit” nature of the contraband, period.

It is NOT required for your conviction that you touched the drugs, or that you tried to use the drugs, or that you intended to use the drugs. Two things are also possible even for the person who does NOT do drugs: either your friend is working with the police in an undercover capacity (after an earlier arrest), and you are being inappropriately set up, or at a minimum, your drug-possessed friend is putting YOU at risk of arrest on a charge of constructive possession.


About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.