Legal Question in Criminal Law in California

possession of a control substance

if a person borrows another person car and you did not know there was drugs in it are you gulilty.


Asked on 5/12/07, 11:27 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: possession of a control substance

No, but like any other innocent accused person you would have to hire a private lawyer and fight the charge. If I were you I would do this, and when and if you get off, then sue the other person for your legal expenses.

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Answered on 5/12/07, 11:31 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: possession of a control substance

To be guilty of possession of a controlled substance, the defendant must know both that the substance is in his possession and that it is a drug. Someone who knows there is a bottle of pills in his car but believes they are aspirin has not committed a crime even if the pills are actually some sort of illegal drug.

A *very* large fraction of defendants in possession cases claim that they did not know about the drugs until after the police found them or that they thought the drugs were some sort of legal medication. Many of those denials are false, and juries often don't believe them. The burden of proof will be on the prosecution, but you should not presume that merely saying you didn't know the drugs were there is going to get you an acquittal.

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Answered on 5/13/07, 7:15 pm


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