Can I Be Charged With a Crime if Drugs Were Found in My Friend’s Car? 

 Posted on February 26, 2025 in Criminal Law

People often think that if they are in a car owned by someone else and drugs are found, they cannot be penalized since it is not their car. However, that is not the case in Texas, where police can charge anyone inside the car with drug possession. This even includes passengers who do not own the car or the drugs. Facing charges for someone else’s drugs in someone else’s car can be extremely confusing and frustrating, but a qualified Dallas, TX criminal defense lawyer can review the case and protect your rights.

What Is Considered Drug Possession in Texas?

According to Texas law, drug possession is when you have control over an illegal substance. There are two main types of possession, and they are described below.

Actual Possession

This includes drugs that are found on your person, meaning in your hands, pocket, or bag. This refers to actual, physical control of the drugs.

Constructive Possession

This includes drugs that are found near you, inside a car’s glove compartment, under a seat, or on the back seat, and the police believe you knew they were there and had access to them. You can be charged with drug possession for this.

Can Passengers Be Charged with Drug Possession?

When drugs are found in a car, anyone inside that car can be charged with drug possession. This is true even if the car does not belong to you, the drugs were not yours, the drugs were hidden, and you did not know they were there. 

The reason for this is that police are given the authority by Texas law to assume that anyone inside the car could have had control over those drugs. Fortunately, just because you are charged does not guarantee a conviction. The prosecution needs to prove that you knew about the drugs and had access to them, and a defense lawyer can fight these claims. 

How Can I Defend Against Drug Possession Charges?

While the specific defense in your case will depend on the specific situation in which you were charged, some common defenses against these types of charges include:

• Lack of control: You cannot be convicted just because drugs were found physically near you. If you can show that you had no control over them, this can help.

• Lack of knowledge: If you did not know the drugs were there, this can significantly harm the prosecution’s claims. This is difficult to prove, but your chances of success improve with an experienced lawyer.

• Lack of ownership: If someone else admits that the drugs are theirs, you might be able to get the charges against you dropped.

• Lack of jurisdiction: If the search and seizure were illegal – for example, there was no probable cause for the police to search – the evidence from the search might be thrown out, which can lead to dropped charges.

Contact a Tarrant County, TX Drug Possession Defense Lawyer

If you are facing possession charges for drugs that were not yours in a car you do not own, a skilled Dallas, TX criminal defense lawyer can help build an aggressive case. At Law Office of Michelle Poblenz, we are passionate about defending our clients’ constitutional rights and work hard to fight wrongful accusations and convictions. Call us at 469-845-3031 so we can get started.