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Possession of Drug Paraphernalia

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  • 10-12-2012, 09:50 PM
    MStoli
    Possession of Drug Paraphernalia
    My question involves criminal law for the state of: South Carolina

    Hello all,

    First of all, I'm writing this on behalf of my 16 year old brother who was just charged with possession of drug paraphernalia. It's his first offense of any kind, and was given a $400 ticket along with a court summons.

    His story goes a little something like this:

    He and two friends were on a secluded balcony (although not private property) of an apartment building when cops busted them. My brother was not smoking, however since neither of his friends claimed possession of the drug paraphernalia, he was given a ticket for it as well. My question is, can I bail him out by calling the police department and claiming possession of the pipe they used saying it was my own that I left there, and that I used it for smoking tobacco?

    If that will do little good, any advice for my brother can do? Again, it's his first offense and although he was present, he himself didn't smoke. Furthermore, is an attorney necessary for something like this?

    Thanks
  • 10-13-2012, 08:55 AM
    indybail
    Re: Possession of Drug Paraphernalia
    Should you lie to the police to get your brother out of trouble? No. It's not a matter of ownership of the paraphernalia, it's the possession of it and you weren't there.

    Besides you would be risking arrest yourself by my making false statements.
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