Being Subpoenaed

[jtwallace256]

What is the name of your state? NH

I was in a car with someone, they got pulled over, cop searched their car and he found a small amount of marijuana. I paid for the marijuana, but gave it to him. He is going to court, and is now having me subpoenaed, claiming it was mine and trying to get himself off the hook. I can't lie and say "No I had nothing to do with it", and my lawyer suggests I plead the fifth. Can I still be charged if I plead the fifth?

 

[seniorjudge]

What is the name of your state? NH

I was in a car with someone, they got pulled over, cop searched their car and he found a small amount of marijuana. I paid for the marijuana, but gave it to him. He is going to court, and is now having me subpoenaed, claiming it was mine and trying to get himself off the hook. I can't lie and say "No I had nothing to do with it", and my lawyer suggests I plead the fifth. Can I still be charged if I plead the fifth?

Q: Can I still be charged if I plead the fifth?

A: Yes. The only time you can plead the fifth is when you may have done a criminal action which you confessed to in your post (possession and dope peddling): "...I paid for the marijuana, but gave it to him...."

 

[jtwallace256]

Q: Can I still be charged if I plead the fifth?

A: Yes. The only time you can plead the fifth is when you may have done a criminal action which you confessed to in your post (possession and dope peddling): "...I paid for the marijuana, but gave it to him...."

Thank you for your response. But by pleading the fifth, what evidence do they have to charge me? It's basically his word against mine. I paid for it with his money, and then gave it to him, so I don't want this to be put on me. If I plead the fifth, how much of a chance would there be that I could get charged with anything?

 

[CdwJava]

Thank you for your response. But by pleading the fifth, what evidence do they have to charge me? It's basically his word against mine. I paid for it with his money, and then gave it to him, so I don't want this to be put on me. If I plead the fifth, how much of a chance would there be that I could get charged with anything?

How good a chance you have of being charged depends on how believable the DA finds his testimony.

In any event he's not likely to get off because possession has nothing to do with ownership. In effect, you could BOTH be charged ... though you could face a sales rap.

Consult local counsel before court.

- Carl

 

[jtwallace256]

Thank you all for replying. My court date is next wednesday, and I do not have money for a lawyer. I know that I will not qualify for a court appointed lawyer, because I make too much money. I have no idea what to expect when I go to court. I am planning on pleading the fifth, but I really do not know what could happen after that. If I plead the fifth, and the person being charged says "no the marijuana is not mine", where could it go from there? Am I in danger? I guess I'm just asking for advice on anything I can do to protect myself.

 

[CdwJava]

You could still be exposed. However, keep in mind that once you plead the Fifth, you may not be permitted to unring that bell.

Consult an attorney before you do this.

- carl

 

[calatty]

You have money to buy marijuana but no money to pay a lawyer so you don't end up with a criminal record? You have too much money to qualify for a public defender but not enough money to pay a lawyer? Possession does not mean who paid for it but who has the right to control it. It sounds to me like you both had the right to control it. Pleading the fifth means only that you can't be forced to give incriminating testimony against yourself. The prosecutor may still charge you.