is there any thing I can do to help.
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is there any thing I can do to help.
on 03/12/09 my girlfriend and I were going fishing when we got to the river we saw a key chain and keys laying in the sand she picked them up and asked me what to do with them. I said put them in your pocket and we will figure it out later.later that day we were pulled over by the police my girl friend was in the back seat one of the officers said he saw her put her hand in her pocket and told her to get out of the car. Then proceeded to search her pockets saying it was for their own safety. he found a small bag of pot that she had. her prescription had expired a year or so back.Then he found the keys there was a small container on the key chain where he found a small bag of what he said was meth.then he ran her name,found a warrant and arrested her. she was charged for the “meth”and the pot. I feel responsible since I told her to put the keys in her pocket.Is there any thing I can do to help her or she can do to help herself.
Asked on May 11, 2009 under Criminal Law, California
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am a lawyer in CT and practice criminal defense. The state is able to charge her with possession based on what they found. I would need to get more facts from you as it seems sort of odd that a policeman would search your girlfriend based on her having her hand in her pocket. I can see it from their perspective - i.e. someone trying to hide something - but is is just not enough as far as i am concerned to say they have reasonable suspecion that she is committing a crime. Also, why is she in the back seat of you car? Here is what you do: You help her to pay for a lawyer. I assume that she has no record and the amount of drugs the police found is minimal to be a misdemeanor so she can probably get off with some community service, charitable contribution or doing some drug prevention clases. Make sure she has a lawyer when she goes to court and make sure the lawyer is fairly apprised of the facts leading to the stop of the car and the nature of the charge. I suggest locating a lawyer whose office is near the courthouse.
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