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.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • 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
Answered
  • 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.

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