Called to witness and incriminating himself

[Disneymom]

What is the name of your state? NH

My son was a passenger in a car and they got stopped by the police. My son was released to us as there were no charges against him or anything. Later upon a search of the car they found a bowl (nothing in it). My son has now been subpoenaed to testify in the case. Turns out it was his bowl. So what happens now? If he testifies it was his could he then be charged with paraphernalia possession? Should I contact the DA and speak with them about it? Do I need an attorney? Any thoughts would be appreciated. Thanks!What is the name of your state?

 

[The Occultist]

5th amendment rights means your son doesn't have to say anything that would incriminate himself. However, when he is asked "do you know who owns this?" and his response is "I plead the 5th," that's pretty damning, n'est-ce pas?

Anywho, it doesn't actually matter who owned the bowl because simply being in the car with it means that everybody is guilty of possession of it.

 

[Disneymom]

5th amendment rights means your son doesn't have to say anything that would incriminate himself. However, when he is asked "do you know who owns this?" and his response is "I plead the 5th," that's pretty damning, n'est-ce pas?

Anywho, it doesn't actually matter who owned the bowl because simply being in the car with it means that everybody is guilty of possession of it.

Thank you for your response. So then I wonder why he's being subpoenaed then. If they ask him whose it was and he says it was his could they turn around and charge him though? The only person charged with anything was the kid driving.

 

[The Occultist]

Ownership and possession are not related to each other. Even if your son didn't own it, he can still be charged for possession. The state probably has at least a year to file charges.

 

[Disneymom]

Ownership and possession are not related to each other. Even if your son didn't own it, he can still be charged for possession. The state probably has at least a year to file charges.

So he could be charged with possession after the fact. I would have thought if he (and the others) were going to be charged they would have by now. So essentially when he testifies and they ask if it was his and he answers yes, then they could then turn around and charge him with possession. Is ownership different than possession? UGH, I'm confused. LOL

 

[seniorjudge]

Q: So he could be charged with possession after the fact.

A: Yes. All criminal charges are after the fact.


Q: I would have thought if he (and the others) were going to be charged they would have by now.

A: The government has a minimum of a year (if it's a misdemeanor) and even more if it is a felony.


Q: So essentially when he testifies and they ask if it was his and he answers yes, then they could then turn around and charge him with possession.

A: Based on your post (and as already explained), they can already charge him with possession.


Q: Is ownership different than possession?

A: Sure (as already explained). I could own a car (title is in my name) but you possess it (you're driving it around). Pretty simple concept.



Oh...and another thing: You cannot invoke the Fifth Amendment unless you are guilty of what you are being asked about.

 

[Disneymom]

Thanks again for all the answers! The sheriff just returned with the subpoena. I guess its from the Sate Of New Hampshire (not very official looking) It says to testify what he knows relating to a criminal case in the state vs XXXXX. There's a check made out to my son as well that is attached to it from a law office. The subpoena is signed by a JP whose signature is the same as the signature on the check.
Guess I'll call the law office tomorrow and see whats going on.

 

[The Occultist]

Well now that there's a subpoena, your son has no choice but to go testify.