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can i beat my paraphenalia charge?
i was a passenger in a car and there was a bong under my seat... It was my friends and he is gonna take ownership of it... But i did admit that i smoked earlier that morning... My friend had been arrested for pot and parephanalia 2 weeks before the incident and my adult record is clean.. His jail personal property sheet also says the bong is his personal property
4 Answers
- Anonymous6 years ago
Being in proximity to contraband is NOT possessing contraband. Knowing contraband is present is NOT possessing contraband. The definition of possession (constructive or otherwise) is that you exercised dominion and control over the contraband. It would be the burden of that that you exercised such dominion and control. I think they would have a difficult time doing so in this situation, but you should discuss the matter fully with your attorney, and in the meantime STFU.
Source(s): 40 years as a criminal defense attorney - davidmi711Lv 76 years ago
You need a lawyer. A possession charge is about possession not ownership. You were in constructive possession. Since you admitted to smoking you also admitted to knowing it was there.
- babyboomer1001Lv 76 years ago
Very unlikely that you can beat it. I do not see any mistake here. It was found in the car that you were a passenger in. You are as guilty as he is. You might get a lesser sentence than he gets but, it is up to the judge.
Source(s): Certified Paralegal, with 25+ years' experience. - Anonymous6 years ago
What is wrong with you people ? Smoke at home. Keep the pipes and bongs home. Roll a few bones if going out. Easy too smoke, easy too eat.
