Legal Question in Criminal Law in California

Help with ''what constitutes possesion''

First I would like to thank all the attorneys who answered. Here are the facts surrounding why I was driving this car and who I believe the drugs belonged to: Prior to my arrest I had become romanticlly involved. Approximately one month before the arrest this person was involved in a car accident and I allowed them to stay at my house. Since his car was inopertable, a mutual friend allowed us the use of a car they wanted to sell. About three days prior to the arrest I found a bag of meth hidden in a dresser drawer and told him to get rid of it. Since my license is suspended my boyfriend was the one driving this car.The only reason I was driving this night was to get out of the house because the argument was getting pretty heated.

After I bailed out of jail I kicked this scumbag out and even have been granted a restraining order. In addition, I found in his personal paperwork he left at my house a citation for DUI, and under the influence from August. My attorney looked the case up and he never showed for his court date and there is a bench warrent out for his arrest. I'm sure the drugs belonged to this jerk. Now what? (aside from having better taste in men)


Asked on 2/20/02, 4:43 am

3 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Help with ''what constitutes possesion''

If you're standing there with a smoking gun in your hand over the dead body. - That's possession. And you had the gun. Now you have to prove that it was placed in your hand by the real killer. It's an expensive and tough row to hoe. Hoeing is when you're bent over in the hot sun and swinging that thing all day knocking down the weeds that are chocking the plants you're raising. So at the trial while the D. A. is trying to convict you. You'll be trying to convict the other guy. However, with a plausible defense, which the D. A. might buy, you've a chance for a drug diversion program; and having the charge(s) dropped when you complete the program. However, I doubt you're going to get a walk without putting on a vigorous defense at a trial. Remember, as far as the D. A. is concerned, scum bags hang around scum bags, and all scum bags do drugs. However, I like your attitude, and you're learning from your experiences.

Read more
Answered on 2/20/02, 9:06 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Help with ''what constitutes possesion''

Thanks for your posting, and yes, you should probably be more discriminating in your taste in men. That aside, "possession" is defined legally as something in your "custody or control." There are many cases that indicate that you control the vehicle that you are driving, however, at least theoretically, having someone put something in your car you are not aware of is a defense, but I can tell you from personal experience, that prosecutors don't buy it. You have to prove, through statements from the person that owned the vehicle, that someone else did in fact intentionally put drugs in the vehicle and that you had no way of knowing they were in there. Best of luck.

Read more
Answered on 2/20/02, 3:52 pm
David Diamond Diamond & Associates

Re: Help with ''what constitutes possesion''

I could certainly help you with your matter but it is difficult to fully understand your situation from the facts you have presented. If the vehicle wasn't yours, you may have a valid defense to a possession charge. Please contact me if you would like to discuss your matter in more detail. (310)277-1707

Read more
Answered on 2/20/02, 7:02 pm


Related Questions & Answers

More Criminal Law questions and answers in California