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  1. #1
    Join Date
    Dec 2008
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    5

    Default Paraphernalia Charge

    My question involves criminal law for the state of: S. Dakota

    My daughter, aged 21, traveled to S. Dakota to visit some friends. She went with two males that she knows. One male was driving his mother's car. When they were leaving Rapid City they were pulled over for following too close. One of the young men had dreds, although he's a pale white guy with icy blue eyes. The cops found some marijuana and a pipe in his jacket -- they questioned my daughter about this. She said she didn't use, it's not her car, she doesn't smoke, it's not her jacket they found the stuff in, the stuff does not belong to her. She is being charged with a paraphanalia charge, and says the police told her if she fought it they would charge her with two felony charges -- and that by looking at her body language they could tell that she knows about the marijuana and the pipe.

    She is far away from home, her boyfriend is in jail right not, they have scheduled her court for January 15 (but she doesn't need to go if she pleads guilty and pays a fine of about $300). The other guy in the car lives overseas and is an engineer. He was let go with no charges because the police said they could tell he knew nothing about this.

    My daughter talked with a lawyer relative of the engineer who said it was no big thing and she should just pay the fine.

    I know I'm getting this through my daughter's eyes -- but this just seems crazy. If she's being accurate, is she in jeopardy? Is this lawyer right? Is this no big thing that she should just pay and forget?

    She has a minor consuming charge from when she was 17 (alcohol), and a jaywalking ticket from last year and that's it. She's a good kid, doesn't like or trust the police much which makes me very sad.

    Any help would be appreciated. Thanks

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Paraphanalia Charge

    She is being charged with a paraphanalia charge,
    Was she also charged with the possession of pot?

    and says the police told her if she fought it they would charge her with two felony charges -- and that by looking at her body language they could tell that she knows about the marijuana and the pipe.
    If they had the goods to charge her with a felony, they would have already. They are likely looking at her cooperation and it sounds as if she isn't giving it. But we have no idea what happened and exactly what they were caught with (amount).

    She should have an attorney in court with her. She already has a prior for alcohol. So. Dakota requires all offenders to undergo a drug addiction evaluation. Did that lawyer tell her that?

  3. #3
    Join Date
    Dec 2008
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    5

    Default Re: Paraphanalia Charge

    There was pot in the car -- in the guy's jacket in a bag along with a pipe. He said it was his and it was. She did not have anything on her -- no pot, no pipe, no nothing. The car did not belong to her -- it belongs to his mother. She was not driving it -- he was driving it. She says they were all polite, but she couldn't/wouldn't say she has been smoking pot because she was not and had not been. We live in Minnesota which may have more rights than S. Dakota (???). If she's being accurate, nothing would happen to her if this had happened in Minnesota.

  4. #4
    Join Date
    Dec 2008
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    5

    Default Re: Paraphanalia Charge

    There was pot in the car -- in the guy's jacket in a bag along with a pipe. He said it was his and it was. She did not have anything on her -- no pot, no pipe, no nothing. The car did not belong to her -- it belongs to his mother. She was not driving it -- he was driving it. She says they were all polite, but she couldn't/wouldn't say she has been smoking pot because she was not and had not been. We live in Minnesota which may have more rights than S. Dakota (???). If she's being accurate, nothing would happen to her if this had happened in Minnesota.

    I don't know the amount either -- but my daughter says it wasn't much (whatever that means). I'll ask her how much next time I talk with her.

  5. #5
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    Ohio
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    Default Re: Paraphanalia Charge

    It makes no difference if she were in Minnesota or not, she was charged in So Dakota.
    I don't mean disrespect but don't you find it odd that she was given a ticket while someone else in the car wasn't? If the guy said all of it was his, why did she get a ticket? Doesn't add up and doesn't equal police misconduct either.

    How exactly did she get charged if it wasn't hers? If she is innocent, she should hire a lawyer. Those are her options...to get a lawyer or not. If she pleads guilty and pays the fine, it goes down as a conviction. Period.

  6. #6
    Join Date
    Dec 2008
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    5

    Default Re: Paraphernalia Charge

    The guy that didn't get the ticket lives overseas, has a degree in Engineering, and has a job working on a pipeline (I think) maybe in Saudi Arabia. I think it is great that he didn't get charged. Yes, I know what my daughter is telling me doesn't sound completely accurate -- I'm pretty sure that she knew that the other guy (the one with the pot who is in jail who said it was his) had pot on him. And like I said, she is suspicious of police which I wish wasn't true. I spent a long time trying to get her to see the "protect and serve" aspect of law enforcement -- but I haven't been very successful. She says she believes she would have been taped by cameras when the police were talking with her, and that this will support her story.

    If what she's telling is true, I don't feel I can advise her to take the charge. I suspose she should look for a free consult??? The public defender people said she couldn't talk with them until she's been to court -- and she was encouraged not to go to court -- to just take the fine like a speeding ticket. I told her that sometimes people go and talk to the prosecuting attorney in the town that I live in to see if things can be settled out of court. I don't even know if this is good advice.

    The bottom line is she got herself into this mess, and she will get out of it without interference from me but I'd like to be able to give her some good advice -- and it makes me feel like I'm doing something helpful (I sometimes enjoy a good fantasy).

  7. #7
    Join Date
    Dec 2007
    Location
    Ohio
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    Default Re: Paraphernalia Charge

    You are being helpful and thats good. Hopefully one day she'll appreciate it.
    She needs to make a decision whether or not to fight it. Public defenders are available if she chooses to plead not guilty. There is no need for one if she pays the fine. Looking for a free consult is also a great idea. Good luck.

  8. #8
    Join Date
    Dec 2008
    Posts
    5

    Default Re: Paraphernalia Charge

    I really appreciate your talking with me about this. Long distance parenting is quite a challenge. Cell phones are a real blessing -- and so is talking with you. My daughter is an amazing girl, and is collecting a lot of life lessons in the past couple of years. Actually, she does appreciate me a lot right now which does make me feel good. Thanks again.

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