Legal Question in Criminal Law in California

Re: Double jeopardy?

Yes, both of you could, theoretically, be convicted for the same crime of possession of the same exact dope. There could be -- pardon the pun-- "joint possession" -- that is, that the two of you both possessed &/or controlled the dope.

But while this is true in theory, the reality is that a competent attorney should have a field day with those kinds of facts. Remember the bigger picture: 12 jurors will have to be convinced beyond a reasonable doubt that the accused exercised dominion and control over the contraband. If your boyfriend's attorney can argue that the prosecutor himself believes that someone other than your boyfriend possessed the dope, and that someone then admitted to that possession, doesn't that almost amount to reasonable doubt about your boyfriend's exercise of dominion or control, or even knowledge of the contraband character of the substance, per se? This is not to say that there would ever be a trial. But for purposes of determining how good or bad a case looks, we ALWAYS speculate about the probable results of trial. So for a bar exam question, yes, you can both be convicted. But for the real world, it is VERY VERY VERY defensible for your boyfriend at this point. Don't let him plead to it.

If you would like to consult with me for free, in person or over the phone, call me at 714-879-5770 or 800-515-0233; cell: 714-612-7865; or email me at [email protected].

Best of luck to both of you,

JACQULINE GOODMAN RUBIO

Attorney at Law

Re: Double jeopardy?

Yes, you can both be convicted. Two people can concurrently be in possession of the same item, since "possession" basically means either custody or control. Many people can control a single bag of drugs and/or have it in their custody at the same time.

Even were it not possible to convict both of you, prosecuting you both would not be double jeaopardy. Double jeopardy means putting somebody on trial a second time after he or she has already been tried for the same charge. (That is a VERY simplified version of a very complicated area of law, but it will do for present purposes.) Prosecuting one person twice is sometimes a double jeopardy violation, but going after do different people never is.

Re: Double jeopardy?

Thank you for your inquiry.

Two people can be charged with the same crime, and often the prosecution will do so to put pressure on each of you to point the finger at the other person or to accept liability. Once one person pleads guilty to possession, the other person may be entitled to bring a motion or request a dismissal.

I hope that this information helps, but if you have any other questions, need more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.