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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default Admitting to Possession of Paraphernalia to Get Somebody Else Out of Trouble

    MyMy question involves criminal law for the state of: CA

    My boyfriend was arrested for having 2 meth pipes in the vehicle he was driving. No priors for drugs, the truck he was driving is normally driven by me though his mom owns it. He had no knowledge of the pipes. count 1....possession count 2.....driving on suspended count3 ....warrant from another county.. He cleared the warrant and regained his license before the pre-trial hearing as well as complying with 3 months (3/week) of NA meetings ordered as a condition of his bail. They wanted him to accept a deal for a DEJ at the pretrial hearing. I told his public defender that the pipes were there because of me. he asked for a continuance based on this new information.

    What can we expect to happen next? can we both be charged? when they investigate should I expect to be arrested? will my boyfriend still have a trial?

    I have been clean and sober since 9/6/2001 and an active supporter of the 12 step program through sponsorship, and safe ride assistance. I have not been to a program since 2001, never been on prop 36 ,nor been to drug court. I obtained the pipes the night before from someone I am trying to help and simply forgot about the next day when we switched trucksbecause I needed the better fuel economy that day. Normally I would have smashed them immediately, but she surrendered them just as she was getting out of the truck, it was late, I was beat ,and had a wake up time for 4:30 am, I forgot about everything except my bed. Needless to say I can not blame the person I am sponsoring nor my boyfriend....what do you think the sheriffs and prosecuter will do to me? question involves criminal law for the state of:

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Admitting to Paraphenlia After the Fact of Anothers Arrest

    Were the pipes in a place where he would have - or SHOULD have - known about them?

    Oh, and don't expect a DA to buy for a moment that you happened to snag the pipes from someone you were trying to help, secreted them somewhere in the car with the intent to destroy them, and forgot. That's weak - and, almost certainly not true. Had you intended to destroy them, you would have. Were they together in the car in the same place - in the open? Or, were they hidden somewhere?

    Bottom line is that the police and the DA hear this sort of claim every day ... it ain't gonna fly because it doesn't make sense with the purported tale that they were going to be destroyed. So, either you are using and you had them hidden in the car, mom was using and them hidden in the car, Or, he was using and HE had them hid in the car.

    His public defender would be more than happy to throw you under thew bus as reasonable doubt ... it probably won't fly unless YOU plan to confess on the stand and your boyfriend is willing to take the stand to back your play (not likely to happen, but, maybe), but I am sure they're willing to sacrifice you for his benefit. Though the DEJ may be too sweet a deal to pass up and risk a conviction at trial.

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