If there are 3 or 4 passengers in car and marijuana is found by an officer, will they all be charged with possession?
Gary Churak's Answer
Well, it depends on whose Marijuana it is. Usually, it’s based upon possession. Possession can be held by two individuals at the same time. Often, in these situations, a cop will take everyone in who’s in the car if some person doesn’t confess to the possession of the Marijuana. So, if that situation happens to somebody, a client of mine, it’s my recommendation that he pursue it as hard as he can to try to establish it wasn’t his marijuana. If the other guy takes the wrap, often, we’re able to get the case dismissed because somebody has taken the wrap for the Marijuana.