Can I be charged with possesion if my car was stolen and they recover drug paraphernalia when its found: If they cant prove that the girls that stole the car were in it than is what they find in the car considered mine
Michael’s answer: If you are the registered owner of the vehicle that could be proof of "constructive possession" meaning dominion and control even though not in actual possession. But that might be difficult if the vehicle was not under your "dominion and control" for a period of time. Moreover, possess ion of drug paraphernalia require proof of actual use which will be even more difficult to prove.
O.K., let me put this another way. I was cited for a DUI on December 2, 2007 at 12:00 p.m., lets get this straight...NOON! :
I woke up at 8 a.m. went under a house climbed a ladder looked at the roof inspected the interior of an impending purchase shook hands with the realtor took a shower drove to the title company had meeting w/ loan offlcer drive back to realtors office and WHAA??? Are you kidding me? This rookie cop who I saw write on his palm .10 puts me thru sobriety tests (all the while I'm thinking you're kidding right?) Hire a lawyer go before judge $8.60 a month, house arrest, ignition lock, (which subsequently fried my battery} all these b.s. restrictions...for that which I was falsely convicted! And here's the kicker, attorney sez I can defer this impending conviction...? whoa, whoa, whoa. BUT I WASN'T UNDER THE
INFLUENCE IN THE FIRST PLACE.
Michael’s answer: I'm a bit confused about when this happened. Was it really 9 years ago on 12/2/2007? If so, what stance is the case in right now. With more information I might be able to provide some guidance.
Residential Burglary in WA. What is likelihood of reducing to misdemeanor? Likely jail time?: My 21yo son is charged with Residential Burglary in WA. First offence of any kind. He broke into an apt where he is still on the lease but voluntarily moved out due to disputes with roommate. He has a long documented history of mental health issues. We would love to see mandatory treatment as opposed to jail time.
Michael’s answer: Its always difficult to predict what can happen without a lot more information. But if your son's mental health issues may rise to the level of diminished capacity. There is also the possibility of mental health court although I don't know if there is an active MH court in Whatcom County right now. But all of these avenues may be worth taking a look at.