What will happen if my son’s friend was pulled over with him in a car and a pipe was found but nobody claimed ownership so both were taken to jail?

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What will happen if my son’s friend was pulled over with him in a car and a pipe was found but nobody claimed ownership so both were taken to jail?

Will they prosecute?

Asked on December 30, 2011 under Criminal Law, Missouri

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Usually, the prosecuting attorney will charge both parties with the pipe (drug paraphernalia); Under the theory that they both constructively possessed the pipe.

I have had some succuess with haveing my client take a urinalysis to prove that they do not do drugs.  This goes along way in establishing that the defendant did not use the pipe and it was not theirs.

A critical element to defendening this type of crime is where the pipe was found.  Such as, under the passenger seat, glove box, etc.  For instance, if it was found in the ashtray, it seems unlikely that the driver did not possess the pipe.  If it is found under the passenger seat, it easily could have been stashed there by the passenger.

Anyway, when you and/or your attorney go to court you can speak with the prosecuting attorney about the facts that are favorable.  This is the best time to get the case dismissed or reduced.

Note, in most states, a drug paraphernalia conviction will include a driver license suspension.

Hope this helps.


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