What will happen if my son’s friend was pulled over with him in a car and a pipe was found but nobody claimed ownership so both were taken to jail?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What will happen if my son’s friend was pulled over with him in a car and a pipe was found but nobody claimed ownership so both were taken to jail?
Will they prosecute?
Asked on December 30, 2011 under Criminal Law, Missouri
Answers:
Russ Pietryga / Pietryga Law Office
Answered 12 years ago | Contributor
Usually, the prosecuting attorney will charge both parties with the pipe (drug paraphernalia); Under the theory that they both constructively possessed the pipe.
I have had some succuess with haveing my client take a urinalysis to prove that they do not do drugs. This goes along way in establishing that the defendant did not use the pipe and it was not theirs.
A critical element to defendening this type of crime is where the pipe was found. Such as, under the passenger seat, glove box, etc. For instance, if it was found in the ashtray, it seems unlikely that the driver did not possess the pipe. If it is found under the passenger seat, it easily could have been stashed there by the passenger.
Anyway, when you and/or your attorney go to court you can speak with the prosecuting attorney about the facts that are favorable. This is the best time to get the case dismissed or reduced.
Note, in most states, a drug paraphernalia conviction will include a driver license suspension.
Hope this helps.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.