Legal Question in Criminal Law in California

I was at my boyfriends house at the time when this took place. I feel asleep in my bfs room, he ended up leaving and going down the st to friends house. All of a sudden cops were shining their flashlights in my face asking a bunch of questions. When they turned the lights on my ex left a huge rock of meth out on a scale in plain sight. I had no clue that was out like that. Cops were there looking for him. Being that I was a visitor but charged w possession of controlled sub., I would like to know if this will hold up in court. Ive never been in trouble before.


Asked on 7/28/15, 11:33 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It could, and you need a lawyer ASAP.

Possession is not the same thing as ownership. So even if your boyfriend owned the rock, you could still be found guilty of possessing it. That you were just a visitor won't help you much, even if the judge or jury believe it.

The prosecutor would have to prove that you knew what it was and that you were able to exercise dominion and control over it. Appearances are not in your favor. That doesn't mean you would be convicted, but the risk is very, very serious.

Good luck.

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Answered on 7/28/15, 11:37 am


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