Legal Question in Criminal Law in California

Re: Narcotics possession -not on person

Thank you for your posting.

Your question appears to be theoretical, as you haven't apparently been charged with anything, but the decision on whether or not to charge you depends very much on the evidence that may tie you to the narcotics in particular. If your backpack was found to have been stolen, or found on someone else, they most likely would be charged with the possession, not necessarily you, as there would be an intervening event that would make it less likely to be yours. If it was just found and reported to the police, they may indeed try to get you to admit that those were yours, or charge you with possession based upon the evidentiary ties to you via the contents of the backpack.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Re: Narcotics possession -not on person

A defendant can be charged with possession of narcotics even if the drugs are found somewhere other than on his person. "Possession" does not mean having something with you at a given moment. I possess many things which happen not to be on my person just now. I still possess my home after I go to work in the moning, and I still possess my car when I leave it in a parking lot.

Will you be charged with anything if your backpack is found? It depends on many circumstances, including who finds it. If a fellow user happens upon it, then she might just use the drugs herself and thereby destry any evidence against you. If the pack and its contents fall into the hands of the authorities, then they will decide whether to charge you based on a variety of factors, including whether it seems they can prove you were the last one with the pack before they found it. They will also be more motivated to prosecute if the amount of drugs is substantial, or if you have a history of drug convictions.

That's the long answer. The short answer is "maybe". The law permits a prosecution here, but there are many reasons why it might not happen. And, of course, even if you are prosecuted, you might not be convicted.