Legal Question in Criminal Law in California

Son charged with possession of meth pipe, but it gets complicated

My son and some friends were sitting in my car when an officer drive by and noticed a known drug dealer. While the officer was walking up, the dealer started tossing his stuff all over the car. My son was the driver and a pipe ended up on his jacket. He was booked and released for possession, the dealer went to jail. My car was towed and stored.

The kid that went to jail wants his pipe back. What can my son do to get his charges dropped since it wasn't his? He knew the officer was not going to believe him if he denied ownership he never said yes or no, hoping he'd get out of it. No so. My son is terrified because his dad is an ex narc and wants to put this in my lap, the kid that was arrested is threatening my son with ??, he wont tell me, and I don't know what to do. I was at work, the car was taken with out my permission, and my son was just trying to get everyone out so he could get home before I found out he had the car. Help


Asked on 3/15/09, 11:56 am

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Son charged with possession of meth pipe, but it gets complicated

Help? He needs an experienced criminal attorney to defend the charges, unless he is capable and competent to do so himself while going up against a professional prosecutor who's job is to put him in jail. If he has defenses, witnesses, evidence, it will be used in his defense by various suppression motions, trial tactics, etc. Feel free to contact me if serious about getting him legal help.

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Answered on 3/16/09, 1:56 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Son charged with possession of meth pipe, but it gets complicated

Unfortunately, there's no quick fix here. The DA will not drop the charges simply because your son has an explanation. Additionally, right now you only have your son's version of the facts. The police report will likely have a different version which is not always accurate. The best way to reconcile the two is to hire a criminal defense attorney for your son. At your son's arraignment, where he pleads guilty or not guilty, the DA will turn over whatever discovery they have as of that time, including the police report. A lawyer will review it and assess your son's situation more thoroughly.

If you are serious about retaining a criminal defense lawyer, please contact my office directly.

Best of Luck.

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Answered on 3/15/09, 12:09 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Son charged with possession of meth pipe, but it gets complicated

I assume the dealer was in your car together with your son when it happened. I am not clear though whether the dealer had any drugs on him and, if yes, how much.

The only and the best thing you can do for your son is to hire a good criminal defense lawyer. Only a lawyer who is familiar with all facts of the case can evaluate it properly and give advice and opinion about what is likely to happen. I would call a couple of attorneys for a meaningful and confidential discussion of all relevant facts.

It is possible that, though a lawyer, your son can establish that he had nothing to do with anything including the pipe. However, if there were significant quantities of drugs involved, the DA might want to implicate him as part of a conspiracy, together with the dealer, to sell drugs.

Get a lawyer. Feel free to contact my office for a free consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/15/09, 10:21 pm
Brian McGinity McGinity Law Office

Re: Son charged with possession of meth pipe, but it gets complicated

I am not sure from the facts you provided in your question if the drug dealer was in the car with your son or not? I am also not sure as to what the facts are regarding this "known drug dealer" and as to what transpired when your son was booked and released? Also, how old is your son? Is he a minor? (under 18)

Did your son speak with the Police and if he did what did he say? However, you answer these questions the best thing you can do for your son is to get him a criminal defense attorney as soon as possible. An attorney can get proactive and approach the DA to find out what evidence they have and what they are looking for with regards to your son, and the other people in the car, including this "known drug dealer." Is this drug dealer a friend of your sons? When your son is arraigned you will be given the discovery in the case and that will give you a lot of information regarding what law enforcement is claiming and how it is best to proceed. However, I strongly suggest that you do not wait to hire an attorney. The sooner you hire an attorney the better off your son will be. If you are looking for attorneys, please feel free to contact my office, we handle cases all over California and we have a lot of experience with drug matters. The initial conference is always free of charge. Good luck.

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Answered on 3/15/09, 11:02 pm


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