Legal Question in Criminal Law in California

Re: charged with possession of a controlled substance

You can't just get it thrown out. You will have to defend against the charges on their merits.

You need not have the drugs on your person at the time of arrest in order to be guilty of possession. In fact, you can be guilty even if they were never on your person at all.

The D.A. will need to prove that the drugs were in your possession at some point in time, though not necessarily at the time of your arrest. She may argue, for example, that you had just ditched them when the police caught you. Whether she can prove that theory is for a jury to decide.

Re: charged with possession of a controlled substance

I've done dozens of cases like yours. We have been able to get very good results on many of them. Also you should be prepared for the police report to add some facts which connect you more directly with the drugs in question. Get a great attorney...fast. You can only get the best result 1 time. Do it right. I wish you the best. David Wallin

Re: charged with possession of a controlled substance

You can hope and wish for it, or you can hire counsel and defend with whatever facts and evidence are available for appropriate motions, hearings or at trial. Charges aren't 'throw out' generally, since both the police and DA have already extensively reviewed the evidence and concluded they could prove the crime; that's why they filed the charges against you. Your attorney's job is to force to prosecutor to realize they can't prove their case. If serious about doing so, feel free to contact me.