Legal Question in Criminal Law in California
Defendant was arrested on 11378. Defendant was not in the vehicle in which the drugs were found, at any time during the day. Defendant was not even aware of the existence of the drugs, as they presumably belonged to the owner of the truck. There doesn't even seem to be a reason the defendant was arrested on such a charge while the owner of the truck was not. Are there grounds for a pretrial motion to dismiss? Or is the defendant going to be forced to prove his innocence at trial?
2 Answers from Attorneys
The defendant needs to set a free consultation with a criminal attorney in his area. most criminal attorneys offer this.
The prosecution has to prove that the defendant knowingly possessed drugs with the intent to sell. Without knowing all the facts aside from your summary, I cannot speculate as to whether or not they can prove those elements beyond a reasonable doubt or not.
"Defendant" needs a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Related Questions & Answers
-
I called 911 and asked for someone to come to my home to do a welfare check on my... Asked 2/29/16, 12:58 pm in United States California Criminal Law
-
I have been arrested and falsely accused by a police officer of assault with a... Asked 2/26/16, 9:13 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
