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J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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I PULLED UP IN MY CAR A FRIEND PUT A BOOK BAG IN THE BACK ...

Resolved Question:

I PULLED UP IN MY CAR A FRIEND PUT A BOOK BAG IN THE BACK SEAT OF MY CAR.I PULLED OFF AN THEN PARKED THE CAR.MINS AFTER I GOT OUT OF THE CAR HE CALL AN ASK WAS THE BAG IN THE CAR I SAID YES .NOT NOING WHAT WAS IN THE BAG.HIS PHONE WAS TAPPED I WAS CHARGED WITH TRAFFICING.WOULD THIS FALL UNDER CONSTRUCTIVE POSSESSION OR POSSESSION AND INTENT
Submitted: 6 years ago.
Category: Criminal Law
Expert:  J D Haas replied 6 years ago.
In order for you to be guilty of a crime, you must have committed a criminal act with intent. If you did not know the contents of the bag, you cannot be guilty of trafficking. If you did not join with your friend in a conspiracy and act to further that conspiracy, you cannot be charged with that either. If you had knowledge of drugs being in the bag and you helped your friend, or if you had a strong reason to believe that drugs were in the bag and you helped your friend, you can be charged with a crime. If you are charged with a crime you need to contract an experienced criminal defense lawyer.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience: 23 years as a trial lawyer with experience in criminal law.
J D Haas and 10 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
WHAT COULD I BE CHARGED WITH IF I THOUGHT THERE WAS DRUGS IN THE BAG
Expert:  J D Haas replied 6 years ago.
Knowledge is the important element. If you thought it might have contained drugs then a trafficking charge against you is weak. If you knew drugs were in the bag, then the charge against you is stronger. An important element is what you knew and the reasons for your knowledge. If you have transported drugs for this person earlier, then the charges might have some "teeth". Good luck.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
Customer: replied 6 years ago.
COULD THIS CHARGE BE A CONSTRUCTIVE POSSESSION OR A POSSESION AND INTENT.OR WAS CHARGED WITH TRAFFICING CAUSE IT WAS OVER 28 GRAMS
Expert:  J D Haas replied 6 years ago.
Yes you could be charged with all of those crimes. Whether you are convicted depends upon the facts. If you knew you were transporting drugs, you could be convicted of those crimes.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
Customer: replied 6 years ago.
WOUID IT BE HARD TO GET IT DROPED TO POSSSESSON AND INTENT CAUSE IT WAS OVER 28 GRAMS
Customer: replied 6 years ago.
would it be hard to get the charge lowered to possession with intent because it was over 28 grams
Expert:  J D Haas replied 6 years ago.
That depends upon the facts and your knowledge of the contents. If your attorney believes that you have a strong case for an acquittal, then the state may be willing to negotiate because they have risks of losing at trial. A lot depends upon your knowledge of the contents. It is possible to get it reduced, but it depends upon the strength of your case and the risks to the state of acquittal.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

Please be aware that my answer is not legal advice,
it is merely information. The only way that I am legally
responsible for your legal rights is if you have signed
a written retainer agreement with my law firm.
Customer: replied 6 years ago.
IF HIS PHONE WAS TAPPED ILLEGALY WOULD THIS MAKE THE CASE WEAK? HOW CAN I FIND OUT IF THE PHONE WAS TAPPED LEGALLY?
Expert:  J D Haas replied 6 years ago.
Your criminal lawyer can get that information in discovery.
Customer: replied 6 years ago.
WHAT IS THE LAW IN TAPPING A PHONE
Expert:  J D Haas replied 6 years ago.
If the police have a search warrant they can legally intercept communications. If not, it is illegal and the evidence will presumably not be admissible. If I have answered all of your questions please accept my answer so that I can get paid. Thank you.
Customer: replied 6 years ago.
what do it take for them to get a warrant for the phone
Expert:  J D Haas replied 6 years ago.
They contact a judge and get the judge to sign a search warrant allowing them to tap the phone.
Customer: replied 6 years ago.
IF THE GUY WHO PUT THE BAG IN MY CAR ADMITS HE PUT IT THERE ,HE IS ALREADY BEING CHARGE WITH TRAFFICAN ABOUT THIS.BUT THEY ARE CHARGEING ME CAUSE IT WAS IN MY CAR AND WHEN HE CALL AN ASK FOR THE BAG I SAID IT WAS IN THE CAR THEY HAD HIS PHONE TAPPED.SO WERE WOULD THIS PUT ME IF HE SAID THIS OR MAKE A STATEMENT SAYING HE PUT IT THERE.WHAT WOULD THE CHARGE BE FOR ME
Expert:  J D Haas replied 6 years ago.
It depends upon your knowledge. He called and asked for the bag. You said it was in the car. If you knew that drugs were in the bag, then they could charge you with being an accessory (possibly) or a conspirator (possibly). If you did not know what was in the bag they could charge you with a crime, but you would have some strong defenses.
Customer: replied 6 years ago.
DOES ACCESSORY TO TRAFFICAN OR CONSPIRATOR CARES THE SAME TIME AS TRAFFICAN? WHAT WOULD A LAWYER HAVE TO DO TO TRY AND GET THESE CHARGES LOWERD WITH OUT ME GOING TO TRAIL THESE OR THE FACTS THAT I HAVE GAVE YOU
Expert:  J D Haas replied 6 years ago.
This is my 9th answer to your questions. Some of these questions are different from the first set of questions. I suggest you accept my answer and ask new questions in a new thread since I have answered your original questions.

Accessory or conspiracy would have the same sentence. A lawyer would investigate the facts and determine the best arguments to use to prove that you were not guilty of a crime, or that you were not guilty of the serious crime but might have guilt of a lesser charge. If you are being charged with a felony, you need an experienced criminal defense lawyer to represent you.

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