Q: How can it be proven that paraphilia found in my purse . I said
It was mine because the cop was threatening to impound my car. I have terminal ovarian cancer but he didn't care. It was out of my possession for 20 min, witness said she saw it being tampered with by driver
A:
I THINK THIS WAS ANSWERED YESTERDAY.
THE POLICE DON'T CARE ABOUT YOUR HEALTH CHALLENGES. THEY HAVE NOTHING TO DO WITH GUILT OR INNOCENCE.
THE DA HAS THE BURDEN OR PROOF AND YOUR LAWYER WILL ARGUE THERE WAS A BREAK IN THE CHAIN OF CUSTODY/POSSESSION. CONVINCING THE JURY THAT THE PERSON IN POSSESSION PUT THE ITEM IN YOUR PURSE IS A DIFFICULT CHALLENGE...ESPECIALLY WHEN YOU ADMITTED IT WAS YOURS INITIALLY. YOUR LAWYER WILL HAVE TO ARGUE, CONVINCINGLY, THAT YOU ONLY ADMITTED TO AVOID EXTRA EXPENSES ETC
A:
If you have been charged with possession of paraphernalia and are claiming that it was not yours, the burden of proof will likely be on the prosecution to establish that you knew of the paraphernalia and had control over it.
If there is a witness who saw the driver tampering with the object in question, this could be used as evidence to support your claim that it was not yours. Additionally, if there is any surveillance footage or other evidence that could help establish who had control over the object, this could be useful in your defense.
It is also important to consider the circumstances surrounding the incident, such as whether the officer had a valid reason to search your vehicle or if your rights were violated during the search. You may want to consult with a criminal defense attorney who can review the details of your case and advise you on the best course of action.
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