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if someone gets caught with half of a kilo. but first time offender and the car was not registered under their name nor was the insurance and they say they didnt know . so they are pleading not guilty. what do you think the outcome will be. is their a possiblty of not being found guilty but if that person is guilty how much time will they get or can they get like probabation?

2007-01-11 00:45:43 · 6 answers · asked by Elizabeth B 2 in Politics & Government Law Enforcement & Police

6 answers

More than likely they will be found guilty. It does not matter if the car was not registered to the person or not. The law in Texas, as I am positve that it is the same in all the other states, says that if the person is in possession of the drug, then they are commiting the crime.

It doesn't matter if the car is someone elses and your friend got in to drive it to the store or not. Unless the other friend comes forward and says that it was thiers of course. Some states also add in to the elements of the charge a saying "knowingly or recklessly" possesses the drug. What that means, is that if a person has it in their possession whether they know it OR NOT, they are still commiting the crime. Basically the court will look at it like it was your friends job to look and make sure there was no drugs or anythign illegal in the car.

Now, since it was his first offense, from what I have seen, your friend will more than likely get some sort of probation or rehab program. It will all depend on the courts and the attorneys. Also, it will depend on if he actually pleas guilty or not. More than likely if he does plea guilty he could go away for a very long time. I think the minimum would be 10 or 15 years. To get the probations though, he would more than likely have to plea guilty.

2007-01-11 01:02:24 · answer #1 · answered by deftonehead778 4 · 0 0

have you ever heard the truth will set you free? The kilo came from somewhere. The operator (not owner) of the vehicle is in charge of all passengers and cargo. Had he borrowed someone's car for the day is alot different if he had been driving someones car for a few months.The individual caught up in this incident needs to realize when you travel with 1/2 kilo of drugs you chance getting caught. hope they dont have much to do for the next 3-5 yrs depending on the state.

2007-01-11 09:06:04 · answer #2 · answered by Anonymous · 0 0

Hahahahahah.....Half a key??? For starters, I think the unregistered and uninsured car aren't going to be a concern for your pals. I can assure you....it won't be for the prosecutor. Nope...somehow I suspect that half a key will be the stumbling block for your friend.
The possibility for probabtion? Ha!...forget it. Better off committing homicide and getting probation. Tell your friend this...settle his affairs, pay up all debts (because the one to society he owes is coming up shortly) and get used to rough, scratchy prison clothes, macaroni and cheese and lights out at 10PM.
I kid you not. When the plea bargain comes up...tell him to take it. If he opts for a jury trial...twice the sentence will be metted out when found guilty. And he WILL be found guilty. The prosecutor won't buy "I didn't know". Because no self respecting dope dealer who is in the business would loan a car out to someone with his still, unwrapped 1 pound (and alittle over) of dope in the trunk of the car. That defense has been tried. Its commonly refreed to as "The Laughable Defense".

2007-01-11 09:11:38 · answer #3 · answered by Quasimodo 7 · 0 0

1/2 a key?

That's possession with intent to sell or distribute.

Wave Bye bye to this person. They're going away for a long time. The claim that they didn't know it was there, etc is tried every time and fails just as often.

2007-01-11 09:06:16 · answer #4 · answered by chuck_junior 7 · 0 0

you need to talk to an attorney because there is always a possibility you could be charged. It is up to the Judge as to what takes place.

2007-01-11 20:43:03 · answer #5 · answered by nickle 5 · 0 0

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