When someone is arrested in Arkansas, he or she enters the criminal justice system, a system which is supposed to give everyone a fair trial. The problem is, however, that prosecutors and police are pressured into heavily prosecuting certain crimes, which is why Arkansas is in a war on drugs. In order to protect their rights, many defendants turn to criminal defense lawyers to help them through the criminal justice system.
In this story, a man was arrested in Jonesboro for being in a car with a woman carrying methamphetamine. In the story reported by KAIT ABC, the woman told police that she had been hiding baggies of meth and yet both she and her passenger were charged with possession.
According to criminal law, for someone to be found guilty of a crime, the prosecutor must prove beyond a reasonable doubt that the defendant did what was alleged of him or her, and that what he or she did was a crime. If the prosecutor cannot do this, which is difficult because of the high burden of proof, the defendant must be acquitted and released. For someone to be arrested and charged with possession for merely for being the passenger in a car with someone breaking the law, it may be somewhat of a stretch to convict him or her.
It will likely be difficult to prove that the man knew he was in a car with contraband substances. How many people actually know what their friends or acquaintances have in their cars? Is it reasonable to assume that this man knew the driver had been carrying around drugs? All of these are questions that will probably need answering before the man can be convicted.
Source: KAIT 8 ABC, “Three arrested Friday on meth charges,” Aug. 11, 2013