Pc 4573

[pc4573]

What is the name of your state (only U.S. law)? Ca. Los angeles county, downtown courts.
OK guys got a unbelievable one here. Bottom line is this....
was taken into custody last Friday and they found a small baggie in my boot with meth in it. The problem is...its not mine! i know how this sounds. Wife has confessed to me it was hers, that she was doing it behind my back (we both used to do it but i thought we both stopped) and she lost it but didn't realize it was in my boot.

How do i go about proving this with the courts if wife doesn't want to go and confess? any suggestions or help would be appreciated.

(BTW....i remained silent through the whole ordeal i was too freaking shocked to even say anything when confronted with it. Not one word was said!)

 

[Zigner]

Ahh the old "someone slipped a baggie of drugs in to my boot and I didn't notice it" story.

 

[tranquility]

You can't "prove" it, your goal is to create reasonable doubt. Even getting another to confess to putting it there does not leave you free from a possession charge.

Here's what will happen. Somehow, your attorney will put it in the jury's head that you didn't know the drugs were there. That night, every juror will do an illegal experiment and try shoes/boots on with a baggie the size that was seized. If they believe your attorney, you may get someone to vote not guilty. If not.....

 

[pc4573]

Ahh the old "someone slipped a baggie of drugs in to my shoe and I didn't notice it" story.

was a boot and if i wanted sarcasm i would of placed this question under the sarcasm section. But do feel free to actually give some constructive legal feedback if u have any.

ty.

 

[pc4573]

You can't "prove" it, your goal is to create reasonable doubt. Even getting another to confess to putting it there does not leave you free from a possession charge.

Here's what will happen. Somehow, your attorney will put it in the jury's head that you didn't know the drugs were there. That night, every juror will do an illegal experiment and try shoes/boots on with a baggie the size that was seized. If they believe your attorney, you may get someone to vote not guilty. If not.....

yeah thats what im afraid of. im screwed. damn her.

 

[tranquility]

yeah thats what im afraid of. im screwed. damn her.

From that answer, I suspect I know the size of the baggie and the likelihood of acquital.

 

[CdwJava]

OK guys got a unbelievable one here. Bottom line is this....
was taken into custody last Friday and they found a small baggie in my boot with meth in it. The problem is...its not mine! i know how this sounds. Wife has confessed to me it was hers, that she was doing it behind my back (we both used to do it but i thought we both stopped) and she lost it but didn't realize it was in my boot.

Ya wanna know how many times the police and the court hears that kind of a line when drugs are found in someone's clothing?

It will be VERY difficult to convince a court that it is not yours.

Your wife, then, will have to come into court, effectively confess to the crime, and convince a prosecutor and a court that she truly did accidentally lose her dope in your boot. Many tweakers are quite anal about their dope, they usually don't lose it and can tell you under which discarded item of crud in the room their tiny bindle of dope is hiding.

How do i go about proving this with the courts if wife doesn't want to go and confess? any suggestions or help would be appreciated.

You ain't. Your attorney can try to raise that as a defense, and he can subpoena her as a witness. But, if she takes the stand and denies it's hers, you're sunk.

And the fact you never raised the possibility early on will only play against you. The prosecutor will see this attempt as wholly self-serving and without foundation. It is also possible that the defense will not even be able to raise the possibility of the dope belonging to your wife without some sort of substantiation.

 

[pc4573]

Ya wanna know how many times the police and the court hears that kind of a line when drugs are found in someone's clothing?

It will be VERY difficult to convince a court that it is not yours.

Your wife, then, will have to come into court, effectively confess to the crime, and convince a prosecutor and a court that she truly did accidentally lose her dope in your boot. Many tweakers are quite anal about their dope, they usually don't lose it and can tell you under which discarded item of crud in the room their tiny bindle of dope is hiding.


You ain't. Your attorney can try to raise that as a defense, and he can subpoena her as a witness. But, if she takes the stand and denies it's hers, you're sunk.

And the fact you never raised the possibility early on will only play against you. The prosecutor will see this attempt as wholly self-serving and without foundation. It is also possible that the defense will not even be able to raise the possibility of the dope belonging to your wife without some sort of substantiation.

thanks for your time and input.

 

[Zigner]

was a boot

I fixed it - sorry for the mistake.