Legal Question in Criminal Law in California

Re: Temporary Posession of a Controlled Substance

While I'd rate the likelihood of success as 'less than guaranteed', it's worth trying. It's probably your strongest, or only, defense. I'd suggest you hire counsel, as you're not going to be as effective yourself in getting a 'deal' you want, or taking it to trial if you have to. If serious about doing so, feel free to contact me.

Re: Temporary Posession of a Controlled Substance

No. In fact, it would help the prosecutor prove your guilt.

Possession is not the same thing as ownership. In legal parlance, it means having something in your custody or control. It is possible to possess something that another person owns. Based upon the facts you have provided, I'd say you were indeed in possession of the Xanax.

Your subject line refers to "temporary possession", but the law recognizes no such distinction. That you call the possession temporary doesn't matter.

You need a lawyer. If the lawyer thinks the prosecutor misunderstands what was happening, she will negotiate on your behalf and try to get you either a dismissal or at least a reduction in charges. Don't try this yourself, though. As they say on TV, anything you say to the prosecutor can and will be used against you in a court of law.

Re: Temporary Posession of a Controlled Substance

Yes, what you are describing could certainly constitute the defense. It would be very useful if the two people were related.

Feel free to contact my office for a free consultation.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com