Can I be charged with possession if drugs were found in driver’s car?

Q: I was a passenger in a vehicle. We stopped to pump gas and I was in the store with the driver. When we came out of the store an officer called the driver over to him for an arrest warrant. The car was searched, and a syringe and 1 stamp bag were found. I was released. The driver is now claiming it was mine. Can I be charged? (Pittsburgh, PA)

A: Yes, you can be charged. Can you be convicted? It depends on the facts. Where contraband is found in a car that both occupants had access to, it is difficult for the Commonwealth to convict one of the occupants if both are denying. Him owning the car works in your favor. If the contraband was found in the glove box or in the consul, that works in your favor. If under your seat, that works in his favor. Consult with a criminal defense attorney and be prepared for your Preliminary Hearing.

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