If You Were Unaware of the Existence of the Drugs
Criminal liability: In principle, you should not be held responsible if you can prove that you had no knowledge of the drugs. In most legal systems, guilt for drug-related crimes requires intent (dolo) or, in some cases, negligence.
Burden of proof: However, in some countries, simply being in a vehicle where drugs are found may create a presumption of responsibility, and you may be forced to prove that you were unaware of the situation.
If a Small Amount for Personal Use Is Found
If the drugs are in your friend’s possession and the amount qualifies as personal consumption, authorities may focus only on your friend.
Still, you could be investigated to determine whether you truly had no knowledge of it.
If a Significant Quantity Suggests Trafficking
If authorities consider the amount found to indicate drug trafficking, you could be accused of complicity or co-participation, since simply transporting someone with drugs can be interpreted as participation in the crime.
In this case, you would need to prove your innocence (for example, showing that you did not know what your friend was carrying).
🚨 What to Do If Stopped or Detained
If the police stop the vehicle and find drugs:
Stay calm: Do not make sudden movements or argue with authorities.
State your lack of knowledge: Clearly and calmly explain that you did not know your friend was carrying drugs.
Avoid self-incrimination: Do not answer questions that could be used against you without a lawyer present.
Request an attorney: It is essential to have legal representation to protect your rights.
✅ Recommendations to Avoid These Situations
Ask before giving a ride: If you don’t fully trust someone, ask if they are carrying anything that could get you in trouble.
Set clear boundaries: Make it clear to passengers that you do not tolerate illegal behavior in your vehicle.
Know your rights: Be informed about your rights in case of police inspections.
📌 If you find yourself in this situation, it is crucial to contact a criminal defense attorney to advise you and ensure your defense.