Legal Question in Criminal Law in California

Re: possesion with intent to distribute question

if the marijuana was found on your person/body at the time of the arrest, there is going to be a very solid legal presumption that it belonged to you, unless it is firmly rebutted by you with substantial witness testimony or other exculpatory evidence here. the other marijuana evidence found in the vehicle would not have the same evidentiary impact against you as the portion found in your pocket, especially if you have 2 other witnesses testifying that none of it was yours. as far as the officers entering your home to check for further evidence to be used against you, this would be an illegal warrantless search unless you gave them consent to so, or some other warrant exception existed under the overall facts. however, this point is moot if in fact nothing incriminating was found at your home. so, in a nutshell, the case here against you is NOT a "slam dunk" per se for the prosecution, and with proper attorney assistance, there is a VERY good chance you may "beat" these charges, even before actual trial. if you would like further assistance, contact us today.

Re: possesion with intent to distribute question

Separate parcels of drugs in your pocket may support a conviction of intent to sell. Get a retained attorney. Call me directly at 16192223504.

Re: possesion with intent to distribute question

Thank you for your posting, and the opportunity to serve you further.

The question can you be convicted is easy to answer: yes. The question of "will you be convicted", is more difficult, since it requires knowledge of not only your side of the story, but also what evidence is in the police report, or what will be used against you at trial.

If the marijuana was on your person, technically you "possessed it", although as mentioned, that only creates a presumption that can be rebutted by evidence to the contrary.

I think you'd benefit from an aggressive defense, and an attorney that is familiar with the laws at issue. If you have additional questions, or would like legal representation, feel free to email me, anytime, at [email protected].

Re: possesion with intent to distribute question

A good local defense attorney is your best hope of minimizing or avoiding jail. He should be able to convince you to give up on the incredible story you just told, and instead work within the facts to tell a believable story.

Re: possesion with intent to distribute question

Did you tell the police the same nonsense you're telling us? No one will believe that your fellow passengers all decided to throw bags of pot your way when the car was stopped and that you nonchalantly put it in your pockets without even checking to see what it was. I don't believe it for a minute, and Mr. Nelson's answer shows that he doesn't either.

You need to understand that possession is not the same thing as ownership. Even if the pot really belonged to someone else, you possessed it. The crime of possession also involves knowledge; if you really didn't know the stuff in your pocket was marijuana then you're not guilty. But as I have already said, I doubt anyone will believe that's what happened here.

If you told the police this story then they will be able to tell the jury what you said; thus, changing your story after the fact isn't going to help you much.

You need a very good defense attorney on your side. Hire one if you can, or get a public defender if you can't. If this case goes to trial I think the odds would be heavily against you.