Is it possible to get out of a paraphernalia citation if the paraphernalia found in my SUV did not belong to me?

Asked about 1 year ago - Saint Paul, MN

A cop pulled up to my parked SUV (I was the driver) near the skate park at the commumunity center. He searched everyone in the car finding a pipe on one kid and some marijuana on another, both kids were in the rear of the SUV. The cop searched my SUV and found a one hitter (small pipe) in the rear seat area where those two kids were and others were sitting. The one hitter was not mine yet I can not say who it belonged to. I was searched and nothing was found on me. I want to become a pilot someday and don't don't want this on my record because the pipe did not belong to me. There was no evidence it was mine and more reasonable that it belonged to one of the kids in the back.

Attorney answers (3)

  1. Tricia Dwyer

    Contributor Level 19

    Answered . Hello. With the stakes so high, you truly need private attorney help all through this matter. You ought not post the details of this matter on a public website; your statements may be used against you. Regarding legal help, some attorneys, myself included, will confer with you initially for free, at no charge. If you need further legal assistance, some attorneys, myself included, will provide you with a reduced fee for need. All the best.

    Tricia Dwyer, Esq., Criminal Law, Drug Court Law, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster... more
  2. Christian Ryan Peterson

    Contributor Level 16

    Answered . Given the facts you described it may be possible to beat the paraphernalia charge. Often prosecutors will attempt to say that paraphernalia found in a vehicle belongs to the driver. However, here there are some facts that would rebut that. I highly suggest that you hire an attorney if you are serious about beating the charge. You can't do it on your own. Best of luck.

  3. Scott S. Schlough

    Pro

    Contributor Level 10

    Answered . You may have a way to fight this charge. There are a couple of issues that are not real clear but may be ways to beat the case. First, why did the officer approach your SUV and why did he search it? Second, prosecutors typically place drugs or pipes in the car owner or driver's possession because they are in control of the vehicle, but sometimes will forgo that if the owner of the drugs or pipe is revealed and will admit to it, but that is not always the case. I suggest you contact a criminal defense attorney in your area to discuss the charge and also do not comment online about the case anymore or talk to friends or police about it until it is resolved.

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