Legal Question in Criminal Law in California
Possession
Can both defandent and Co-defandent be charged with the same posessions charge even if 1 defandent claims responsibilty for the posession?
2 Answers from Attorneys
Re: Possession
Yes. More than one person can simultaneously possess the same drugs.
Re: Possession
Yes, both people can be charged. There are two types of possession, actual and constructive possession. Actual means you have the substance on your person or in something you have. Constructive means you have control over the area where it is found. Both types of possession are sufficient for a possession charge. The question is whether or not each element of the offense charged can be proved against you beyond a reasonable doubt.
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Elena Condes
Tel: 510-525-4243
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