Was this Legal?!

[dntthnkso3]

This past weekend, my friend was caught with two pieces of drug paraphanalia in her car. However, before she was present at the car, which was parallel parked on a street, witnesses said that police officers had been trying to break in to her car for thirty minutes prior, because they had noticed a small portion of one of the pipes sticking out of a compartment in the vehicle. The officers were trying to break her windows and door handles, NOT KNOWING for sure that the pipe was for the use of marijuana, rather than tobacco. Also, they are charging her with "using, or intending to use, drug paraphanalia: two glass pipes found in vehicle". They never asked her if she had used them or was intending to do so and she had told them that the pipes were not hers, and now she is being charged with using them, when in reality the pipes were not hers, and she has never smoked out of them! Also, the officers handled the situation very oddly, and even spelled her name incorrectly on the court summons. Today she went to court, and pleeded not guilty in order to buy herself more time. If conviceted, she is looking at loosing her drivers license from 6 mos. to 5 yrs, a $250 fine, and community service. Does anyone have any advice, or know of any loopholes to help us out? Thanks so much!

 

[racer72]

The innocent do not need "loopholes" to get out of trouble. I would suggest that your friend hires an attorney as soon as possible.

 

[renter3]

yup gotcha...and she's a virgin too!!!

fat chance!

 

[dntthnkso3]

What do you mean by, "and she a virgin, too!" You think I'm lying about this? Well, you're wrong. It is the God honest truth. The girl doesn't smoke weed, and never has. One of our other friends left the pipes in her car becuase she didn't want them in her dorm room becuase her mom was coming to visit.

 

[Seanscott]

Here's your loophole -

Have the "friend" stand up and take the blame, or the innocent victim can turn her "friend" in. Otherwise, take the punishment. Sorry, I don't see any other way out.

 

[racer72]

Here's your loophole -

Have the "friend" stand up and take the blame, or the innocent victim can turn her "friend" in. Otherwise, take the punishment. Sorry, I don't see any other way out.

Won't work. It appears she was charged with possession of paraphenalia, they were in her car which equates to being in her possession. She made a mistake by letting the pipes into her car, now she will have to pay. Claiming to own siezed paraphenalia is not illegal, having it in your car is.

 

[curtisd]

just curious

why were the cops looking in her car?did she not see them by her car beforehand?are the cops psychic in order to charge her with intent to use rather than possesion?did they actually break in the car?