Legal Question in Criminal Law in California

Proof of Evidence not defendants

my fiance was arrested for H & s 11377 of Meth so the officer claimed. Officer stated street value was $15.00 to $20.00. We had just purchase the vehicle 2 months prior to the arrest and explained to the officer that did not belong to my fiance, It must had been in the vehicle prior to us purchasing it. The drug was found inside the door panel on the driver door. Apparently it took the officer over 20 mins before discovering it. Again my fiance stated it didn't belong to him and that we recently purchased the car from a lien sale( tow yard). How would we go about proving that it didn't belong to him and that it must been in the car prior to us purchasing it. I thought about first having them re-test it for one to make sure it is what they claim it to be, however I don't know if there is enough for them to retest or if they would be willing to retest it. Please advise for my fiance doesn't need to be where he now sits in jail. desperate for assistance. Tanya


Asked on 1/04/02, 6:29 pm

4 Answers from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

possession

I agree with Mr. Hobbs. I do not see how the DA can prove your boyfriend had knowledge of the drugs in the door panel. However, what is more surprising is that he is in custody for such a small amount. Obviously the DA is putting pressure on your boyfriend to admit to a crime, unless he was on probation. I am certain after he speaks to the PD your concerns will diminish.

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Answered on 1/04/02, 11:31 pm
David Beauvais David J. Beauvais

Re: Proof of Evidence not defendants

Let me join the chorus here is saying this case is very weak. The DA must prove knowing possession of the meth. I don't see how that can be established. As part of the defense investigation of this case, I would find out who owned the vehicle before. Maybe you'll get lucky and find out that he stopped making the payments because he went to jail after his meth lab blew up. I would be inclined to go all the way with this one. No deals.

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Answered on 1/05/02, 12:01 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Proof of Evidence not defendants

He may have a viable defense, not only not having no prior knowledge, but with an illegal search. Please call directly at (619) 222-3504.

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Answered on 1/05/02, 2:39 pm
Victor Hobbs Victor E. Hobbs

Re: Proof of Evidence not defendants

Sounds like he has a good defense. But defenses are proven at trial. What the hell is the officer doing taking the car apart? Also it sounds like your boyfriend will be released on his O. R., and be diverted into a counseling program if he wants to admit the junk was his. With this weak a case the D. A. will probably offer a really good deal to plead guilty to. However, it would be a conviction, and with the facts as stated you may want to encourage him to take the risk of going to trial.

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Answered on 1/04/02, 7:53 pm


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