Okay so everyone says he is guilty but the guy already does not want to admit to it. For everyone's information his fingerprints are not on there. What some of you might not understand is how can he go about doing that, the guy got away with it and he knows its his but since he knows that the person in ownership of the car will most likely get the blame that's what he's done. The lawyer told him to plead guilty and he was pressured by the lawyer. It was underneath his friends seat and only his friend's fingerprints. I just ask anyone to help not give negative feedback like he was silly of making that decesion. He knows he not guilty its just I don't understand how his friend got away with it when his friend has a case for holding down drugs a couple of months before it happend. I ask for a positive feedback an answer that is actully worth reading and understanding.
2006-10-17 18:57:16 · 12 answers · asked by anjanel0204 1 in Politics & Government ➔ Law Enforcement & Police
First off, read my answer to your other question. The search was not illegal.
Your boyfriend was charged with the drugs for a couple reasons, that basically boil down to what is called "constructive possession." Here goes: It's his car. You are responsible for everything that goes into and comes out of your vehicle. Also, just because his "friend" has a past record of drugs, means nothing. The police cannot use past arrests to prove current guilt. Him having drugs a few months ago does not make him guilty of having drugs today. The "friend" swears it's not his, says, "Hey, I just got in the car a minute ago, I didn't know that was there." Your boyfriend says, "I don't know how that got there. It's not mine."
The officers at that point have a choice to make. They can arrest your boyfriend (because it's his car), the "friend" (because it was under his seat), or both of them. Either case will stick. The officers went with the person they felt was responsible for the drugs. They talked to both of them and believed the other guy.
I don't know you, your boyfriend, or his friend. So I don't know who is really guilty. But if the officers chose to arrest your boyfriend and not the other guy, they had some reason to believe the other guy and not your boyfriend. Sucks for him, but there it is. That's how it goes sometimes. In the future, he needs to be more careful who he lets in his car, or this could happen again.
2006-10-17 21:46:04 · answer #1 · answered by RJ 4 · 0⤊ 0⤋
lawyers have an instinct about when someone is guilty. If you're not satisfied have them give him a polygraph. I'll bet your bf will even say no to that idea. If your bf was held in a cell for a while he probably talked with some of the other guys there. If he said he was guilty that probably got back to his attorney. And, attorneys hire detectives, and they take fingerprints off the packets, etc.
The law says that if you own a car, and there's illegal stuff in it, the owner of the car gets the blame. Maybe your bf should be more cautious about who he lets into his car, and choose better friends.
What you don't understand is that there is no one who could "help". He IS guilty if it is found in his car. Is that understandable now?
I wasn't there so I don't know how his friend got off...that's between that guy and his attorney. Maybe your bf will learn a lesson from this.
2006-10-17 19:06:30 · answer #2 · answered by sophieb 7 · 0⤊ 0⤋
More information is needed. Was the search consensual or based upon probable cause? If it was a pc search, what was the pc? Is it possible that 'under the seat' could have still been in plain view? Before a search can be ruled illegal, it has to be challenged and these questions must be answered. If the challenge is successful, then the evidence is excluded and is inadmissible. With the evidence excluded, the possession charge goes away.
As far as who gets the charge, anytime contraband is located in a "common area" of the vehicle (not on an individual's person or in a place only accessible to a particular individual), everyone in the vehicle can be charged with possession of that contraband. Convictions of this nature are upheld regularly in appellate courts.
2006-10-17 20:02:21 · answer #3 · answered by CJ 2 · 0⤊ 0⤋
If his lawyer is advising him to plead guilty, it's because everything was done properly and the evidence against him is more than enough to get him convicted. Even a bad lawyer knows when the state has too strong of a case. Your boyfriend may not have been completely honest with you.
2006-10-17 20:26:45 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If the car was truly illegally searched, then any evidence gained would, of course, not be admissible in court.
With no evidence, there can be proved no crime.
"Where's the evidence?" is all the lawyer would have to ask.
"There is none." would be the only answer.
Case dismissed.
Edit:
They always try to prove "Control & Domain"... He's probably got the "control" part beat, but may need to "prove innocence," as ridiculous as that sounds, to the "domain" part.
Hey, good luck.
2006-10-17 19:04:35 · answer #5 · answered by ? 4 · 0⤊ 0⤋
No they shouldn't be able to...B/c our legal system has so many loopholes that if it's not done by the book then they can't prove anything LEGALLY. Tell him to get a different lawyer if he was told to plead guilty. Defense lawyers job is to prove not guilty!
2006-10-17 19:01:43 · answer #6 · answered by laruud 2 · 0⤊ 1⤋
Hello- Is there a place in your town or city called John Howard Society?A place were you or your friend can talk with someone? John Howard Society are wonderful for support.Try a Youth Center for support. They maybe able to help.
Take Care!!
2006-10-17 19:09:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you can prove there was no reason to search, and your friend didn't allow them to search the car. Then it was an illegal search
2006-10-17 19:06:54 · answer #8 · answered by Ryan K 1 · 0⤊ 0⤋
I think that if it was drugs, they would put the person in jail... but then I think that the officer that serched the car would be fired.
2006-10-21 16:57:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Posession is 9/10ths of the law, his car-his responsibility. That is how come they can do that...
2006-10-17 19:01:36 · answer #10 · answered by Smartypants 2 · 0⤊ 0⤋