In short, presumption possession is what your mother warned you about when she told you “stop hanging out with those kids they are going to get you in trouble!” The mommy doctrine of “they are going to get you in trouble” has been codified under New York Penal Law 220.25, which defines the law of presumptive possession:
“The presence of a controlled substance in an automobile…is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found…” NY Penal Law 225.25(1).
In other words, every person inside the vehicle can be charged and convicted of possession of drugs found inside the vehicle. Moreover, all the prosecution must prove is that the drugs were found inside the vehicle, and that you were inside the vehicle at the time they were found. The prosecution does not have to prove that you knew the drugs were there.
Have you, or someone you know, been charged with possession of marijuana or other drug charges which stemmed from a motor vehicle stop. If so click here and call us now. There is a special sub-set of laws, rules, defenses and protections that are afforded to motorists (both drivers and passengers) that we have expertise in that you will benefit from by putting us on your side.
So don’t wait call today. We speak to people and answer questions all day, every day, about the law surrounding their motor vehicle stop and charges, and we’d love to answer any questions that you may have!