Can two people be charged with possession of the same marijuana pipe?
My son was coming home with a friend (my son was the passenger, the friend, the driver.) The car was pulled over, and the friend was arrested for DUI. Meanwhile, the cops found a marijuana pipe in the back seat. Both boys denied it was theirs, and the cops charged both of them. Meanwhile, the driver...
My son was coming home with a friend (my son was the passenger, the friend, the driver.) The car was pulled over, and the friend was arrested for DUI. Meanwhile, the cops found a marijuana pipe in the back seat. Both boys denied it was theirs, and the cops charged both of them. Meanwhile, the driver has since pleaded guilty to the possession charge, but my son has also been charged and we have to go to court for it. Since the other boy has admitted it's his, will the charges against my son likely be dropped?
Oh, and the other boy (who is actually 18) has already been in court and sentenced, so he won't be able to pull back his admission.
Its called "constructive possession", however if the other person took responsibility and said it was his then the charge against your son should be dismissed.
even if the the charge got droped he could get in trouble from being with his gay friend
You need advice from a attorney not Y/A know it alls.
All depends on the judge, you can get some really mean ones..But what you have told in your question, i dont see why he should be charged, especially when it was the other persons car..
That could go either way. Although the other party has admitted that the pipe was his, your son could still be charged for being in the car with someone who was in possession of drug paraphernalia. It is possible for two or more people to be charged with possession of the same thing.
most likely they will as long as the other boy continues on with the admission it was his. However, keep in mind that if the boy decides in his best interest to change his story, your son could be charged along with his friend for possession. As a rule they go after whoever is closer to whatever they find…
Its possible the court will say there is no good evidence if the other person freely admit that it was theirs. A paraphernalia charge is just a ticket where I live and they wont take you to jail. But since they are a minor the cops might be making example and not drop them. Its the courts decision, if they are not charging him there shouldn’t be a court date. Good luck hope all goes well.
if no one addmits guilt then both can be heald responsable but if you get a good enough lawyer he could say since it was in the owners car it was the owners
I also agree with "AR" who was the only blogger to mention "constructive possession."
Also, as he states, because the driver has admitted guilt to the possession and ownership of the pipe, the case against your son should be dropped/dismissed.
Although you could spend a lot of money on attorney fees, I believe a telephone call to the local district attorney handling the case with the fact that the driver has claimed responsibility would be sufficient to end this problem.
the driver is responsible, they could do fingerprinting but if both their fingerprints show up on the pipe then the driver if only the passenger’s shows up they are the responsible one/.