Legal Question in Criminal Law in California

if someone puts drugs on your person without your knowledge and is willing to testify that the drugs were theres can both people be charged with the crime?


Asked on 12/17/10, 11:26 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Sure. Charges are based on what the prosecutors believe. They don't have to believe what suspects and witnesses say, even when they say it under oath. Neither do judges or jurors.

If the defendant really didn't know the drugs were on his person then he's not guilty of possession. But a very large percentage of defendants make that claim, and it's rarely true -- even when another witness will back it up.

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Answered on 12/22/10, 12:07 pm
Terry A. Nelson Nelson & Lawless

A prosecutor is rarely going to take the claim seriously and believe it. Anyone dumb enough to do that for you risks you both being charged with 'conspiracy'. Not a good 'deal' for either of you.

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Answered on 12/22/10, 4:18 pm


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