Legal Question in Criminal Law in California

Parole violation I know

I recently submitted question about my Nephew's situation. He was arrested because he was in a car with a guy that was stop for having drugs, the guys had drugs stuffed inside his person. But he claims he was holding the drugs for my Nephew. Now the police search the home of the guy and found drugs and weapons also. My Nephew did not have drugs on him or any i his system but he is on parole, so we know that is a violation. His public defender want to plea bargin My question is can he get charged for the drugs the other person had on his person and house even though my Nephew was was clean. Can he fight this with a Public defender.


Asked on 12/07/08, 4:32 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Parole violation I know

He is in a bad situation. Parole can be provoked and he may be charged as a gang member. Contact me directly.

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Answered on 12/16/08, 2:31 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Parole violation I know

He can be charged, but whether the charges will stick is another question. He's probably guilty if he knew the drugs were there, but the prosecutors bear the burden of proof on that point. To convict him of a new crime they will have to prove it beyond a reasonable doubt, but they only have to prove it by a preponderance of the evidence in order to get him for a parole violation.

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Answered on 12/07/08, 4:44 pm


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