Legal Question in Criminal Law in California

Beyond The Shadow of a Doubt

Two years ago I was arrested for possession with intent to sell, in my apartment. The police said they found the evidence in my computer desk, located in my bedroom/computer room. At all times, including at the time of arrest, friends and company had access to my room and computer. On the night of the arrest there were 2 male friends besides myself, on my computer prior to the arrest at different times during the evening. One male arrested that night for possession, me for sales, and the other male not arrested. With everyone having access to my desk, does the prosecuting attorney have to prove or show cause to the jury who the evidence belonged to? Would this constitute ''Beyond the shadow of a doubt,'' in any jury's eyes? Where does the burden of proof lie? I have been told that the third person (not arrested) is in Mexico, and can't be found to testify. In your opinion where do I stand?Thanks for your time and help. C. Chase


Asked on 10/21/02, 9:02 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Beyond The Shadow of a Doubt

What does it matter what my opinion is? Free advice is worth what you pay for it. Your attorney's opinion, based on ALL the facts and evidence, is what you better be paying attention to. If you believe your attorney is not doing a good job, then you should hire new counsel and listen to them, after they learn ALL the facts and evidence. Contact me if interested in discussing new counsel.

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Answered on 10/22/02, 11:28 am


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