Legal Question in Criminal Law in California

possession of controlled substance

was stopped by police and taken into

custody (parole violation) prior to this

i was in front of apartment waiting

for ride took off when i saw police.

when stopped another officer went to

area i was at and walked/looked

around came back with bag said this

must be yours (i said no sir) now

being charged with possession. Can

this be thrown out and if so how


Asked on 7/15/09, 9:12 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: possession of controlled substance

You can't just get it thrown out. You will have to defend against the charges on their merits.

You need not have the drugs on your person at the time of arrest in order to be guilty of possession. In fact, you can be guilty even if they were never on your person at all.

The D.A. will need to prove that the drugs were in your possession at some point in time, though not necessarily at the time of your arrest. She may argue that you ditched them while you were running. Whether she can prove that theory is for a jury to decide.

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Answered on 7/15/09, 9:17 pm
Terry A. Nelson Nelson & Lawless

Re: possession of controlled substance

Same answer to the same question as your other posting.

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Answered on 7/16/09, 1:00 pm


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