Can i get charge for a crack pipe that was found in my car but doesnt belong or knew it was in my vehicle

Asked 9 months ago - San Diego, CA

me and my friend were parked in park after closing hours in the night and an officer comes and asks for id and i provide him an idk but my friend didnt have an id . i gave the office my registration he tells to step out and he seaches the car and finds a crack pipe that i didnt know it was in my vehicle or who it belongs to. however i did have a marijuana/tabaco pipe and a .2 or less of marijuna that belong to me. the crack pipe didnt belong to neither my friend or me or knew it was there . i told the officer i wasnt neither mine or my friend's we both never done meth i expained this to the officer and he called 2 more cops and seached the car for atleast 45 im guessing looking for meth but they didnt find any what do i do

Attorney answers (4)

  1. Peter John Marek

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Yes. You can always be charged but that doesn't mean you can be convicted unless they can prove the case. You should hire local CA counsel ASAP. If you can not afford counsel ask the court for a free public defender (PD). If the court finds that you financially qualify they will appoint a free PD. No one can guarantee you an outcome but there are obvious issues that are apparent regarding both the stop and the search. Your lawyer will recognize and address those with you during your consultation. Good Luck. Hope this helps?

  2. Nicholas Milan Loncar

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You can be charged with paraphernalia for the crack/meth pipe, but remember that it is on the government to prove that you knew about it. I'm guessing that you were issued a citation, and that citation will have instructions for how to appear in court. The first date is just an arraignment where you will enter your plea to the charges. I would definitely recommend at least consulting with some attorneys. If nothing else, you'll have a better understanding of the situation at no cost to you. Hiring an attorney, on the other hand, while pricy, puts someone who is on your side and devoted to a good outcome for YOU. There are no guarantees, but having an attorney on your side is the best thing you can do for yourself at this time.

  3. David Philip Shapiro

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Yes, and it appears you have been charged. Hire a quality, locally experienced, criminal defense attorney ASAP.

  4. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Bottom line - you need a lawyer - either one you select and hire or the public defender if you financially qualify and they're appointed by the judge.

    There may be legal issues with the search - you don't give enough details that would justify WHY they searched your car. Don't post them on line - this is something to discuss with your lawyer.

    To answer the question more directly that you asked - can they charge you? Yes. Can they convict you? That depends on whether they can prove beyond a reasonable doubt that you knowingly possessed it.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more

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