Carmel-by-the-Sea, CA asked in Criminal Law for California

Q: How can it be proven that paraphilia found in my purse when my purse was out of my possession for 20 min is mine?

I said it was mine after police coercion and the threat of towing my car for 30 days.

Related Topics:
2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the paraphilia was found in your purse, it would be presumed to be yours unless you can provide evidence to the contrary. However, if you are claiming that the paraphilia was not yours, it will be up to the prosecutor to prove beyond a reasonable doubt that it was. This will likely involve presenting evidence such as witness testimony, surveillance footage, and forensic analysis of the paraphilia or the purse.

As for your statement to the police, if you believe that it was given under coercion or threat, you may be able to challenge its admissibility in court. It is important to speak with an experienced criminal defense attorney who can help you navigate your legal options and build a strong defense.

Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: make an appt with a local criminal defense attorney asap.

the DA has the burden of proof to convince the jury it was yours, while you argue it was out of your possession and someone else put it in your purse.

you will have to convince the court/jury that your statement was coerced...and not voluntary. There is no certain way of doing that. it will rest upon you and who you are and what your record may be.

your lawyer will move to keep the evidence out.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.