Can I fight a drug parephenelia possession charge? 4 Answers as of July 15, 2011

I was pulled over in Alabama for what the officer said was speeding. After pulling me over he shined lights in my eyes saying was I under influence. I was not. He asked me to search my vehicle and I agreed , thinking my car was clean. They found a pipe under my seat. I used it to smoke fake marijuana or "spice" months ago, and my friend left it in my car. What should I do?

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Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You can fight a drug paraphernalia charge if you desire to do so. Apparently you gave permission to search and a pipe that could be used to smoke or otherwise ingest a controlled substance was found under your seat. You would have to be prepared to defend against these facts.
Answer Applies to: Alabama
Replied: 7/15/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
You need to hire an attorney to pursue the illegal search and seizure. If the stop was illegal so is the resulting search.
Answer Applies to: Alabama
Replied: 7/14/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Hire an attorney. There are multiple issues with your fact scenario that should be reviewed with counsel. To prove the case the State must show that you knowingly possessed narcotic paraphernalia. If what you say is true, and the forensics test comes back without the presence of any illegal substance, then your paraphernalia was not narcotic. Further, if you did not make statements of admission to the officer, then the State may have trouble showing that you knew it was there. Anyone who borrowed your car could have left that there. Stay well.
Answer Applies to: Alabama
Replied: 7/14/2011
Jason Overton, Attorney at Law
Jason Overton, Attorney at Law | Jason Overton
Certainly, you can fight drug paraphernalia charges - I do it all the time. You need to hire an attorney, though, because he will know the right arguments to make. And, for future reference, never give consent to search anything - even if you "know" it's clean.
Answer Applies to: Alabama
Replied: 7/13/2011
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