Legal Question in Criminal Law in California
RE: BP 25662A
A minor in possession of an alcoholic beverage. Please advise the definition of 'possession'. My son did not buy the alcohol, nor was he carrying it. The friend set it on the ground and that is where the officer found it.
Does that constitute possession for my son?
Thank you.
2 Answers from Attorneys
In criminal law, the legal definition of possession is different than you might think from the way we normally think of the word. Possession, in a criminal context, means to have the ability to have access or control over the item in question. So if one has the ability to have access over the item, or the ability to have control over the item, they are in legal possession of the item. I hope that helps you.
Possession is whatever the officer claims in the charges. What you've described is your defense argument, supported by whatever corroborating evidence you may have. You'll get the answer to your question either by your attorney's plea bargain negotiation with the DA, or after any motions and trial if you take it that far.
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