Legal Question in Criminal Law in California
If a narcotic was found in a common area like a carport and you had keys not in you're possession but in you're vehicle during a probation search and did not belong to you can you be found in possession with the intent for sale
2 Answers from Attorneys
As a Former Deputy District Attorney, who has tried hundred's of these cases, the prosecution needs "knowing possession" and the ability to have "access" to the contraband. The illegal substance does NOT have to belong to you, as long as you have the ability to have access to it and you knew it was there. I hope that helps.......David Wallin
If you are asking if you CAN be charged with a crime or probation violation, the answer is 'of course'.
Whether you can be convicted is an entirely different question. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc.
If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.