Legal Question in Criminal Law in California
locked boxes (responsibility of)
is it against the law to have a locked box/container in your home/vehicle? if it belongs to someone else and is found am I responsible for its contents or can I be chargd with a crime for it being in my posession, even if the contents are unknown to me?
2 Answers from Attorneys
Re: locked boxes (responsibility of)
such circumstantial evidence could in some instances be enough for the prosecution to get a conviction, however, you have to remember that the burden of proof beyond a reasonable doubt would be on the prosecutor here, not you. this is a very tough burden for the prosecution to meet despite the circumstantial evidence. thus, if reasonable doubt is established in your case by your attorney, you stand to defeat these charges. if you would like further legal assistance, please email me directly. thanks.
Re: locked boxes (responsibility of)
Thank you for your inquiry.
It is not against the law to have a locked box or container in your home or vehicle. You might be, however, responsible for the contents if it is in an area exclusively under your 'possession, custody, or control'. Some cases have suggested that the driver of a vehicle is responsible for knowing what is in their vehicle, but this is very much fact-dependent. If you, as a defendant, can establish it more likely than not that someone else owns the contents (if illegal), then the prosecution may not be able to prove the case beyond a reasonable doubt.
I hope that this answer helps, but if you need more information, have further questions, 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.
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