Legal Question in Criminal Law in California

I'm being charged with possession of paraphernalia, but its not mine I have to take to many medications for the different mental illnesses that I have been diagnosed with. My boyfriend and I got pulled over last monday because the officer said my license plate frame interfered and he couldn't tell that the z's where z's. He first had my boyfriend get out he was driving but he also had warrants he took him to go stand my the car came back had me get out and started questioning me about drugs then had me go stand by the other unit that came to assist. He goes back to his car get the k9 out and he let the dog jump on the outside of my car where the dogs nails put scratches in it then opened up the passenger side door and let the dog jump into my car putting holes in my seat with its nails dog does find anything so then the officer proceeds to pull everything out of me car and then after he searches everythhing he puts a glass pipe on the hood of my car that I had no clue where it came from he said it was in the purse that was in the car and then he tells me I'm going to jail to along with my boyfriend. As he goes to handcuff me my boyfriend had yelled for him and he goes talks to my boyfriend and say to me that my boyfriend is saying thay it was his but since its in the purse then he is going to just site and release me then instead of letting me take my car he was it towed to the closest city to where once I get there I can pay the towing fee and the car will be given to me. i had asked him why can't I just take it now and he told me cuz my boyfriend was driving it and my license is expired and I told him I get an extension ony license from the DMV and had the proff of it all in the car and he told me he didn't see it but gets it towed and then I had to pay 250 and it was given to me. Can I fight this because the paraphernalia was not mine and there was no reason for the damage the was done to my car.


Asked on 4/23/18, 4:47 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Telling your long involved 'he said, she said' story is not the purpose of this site, but rather for you to provide enough general info to allow the attorneys here to give some basic guidance as to what you should probably do. All those facts you discussed here in 'public' will be viewed by the prosecutors, so your attorney, which I recommend you obtain pronto, will have to figure out how to present the best defense possible to the charges using them somehow to 'defend' against the allegations in the police reports and statements. Since you had contraband found in your pursue, saying it was not yours doesn't change the fact that you had apparent 'possession', and that is what you are charged with. Your attorney will determine if the facts you allege will allow for any Motions to suppress evidence. If you have prior arrests/convictions, especially for drugs, that will complicate your defense, so be sure to fully disclose and discuss everything with him and follow his professional advice. If serious about hiring counsel for this, feel free to contact me.

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Answered on 4/24/18, 12:42 pm


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