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?


Asked on 10/01/04, 2:53 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Possession

Yes. More than one person can simultaneously possess the same drugs.

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Answered on 10/01/04, 3:03 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

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.

Feel free to call if you have additional questions.

Elena Condes

Tel: 510-525-4243

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Answered on 10/01/04, 3:31 pm


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