Legal Question in Criminal Law in California

controlled substance charge while on probation

during a probation search acontrolled substance was found, however, the substance found belonged to a person visiting my home during the search. it was hidden in my home without my knowledge.the visiting person is willing to state that the substance found is his. can i still be charged with possesion?


Asked on 10/25/00, 10:34 am

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: controlled substance charge while on probation

Yes you can be, and they can seek to violate your probation, too. Your defense to both will be that it wasn't possessed by you, but rather it was possessed by the visitor. This will be a fact driven defense (e.g. where and how it was hidden), and its success will depend on many factors not known here. Good luck.

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Answered on 11/15/00, 8:37 pm


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