Legal Question in Criminal Law in California

Violation of CA Health & Safety Code 11357b

My housemate told his probation

officer during a home search that the

1/4 gram of marajuana found in a

drawer was mine. It was found in a

room I used to share with him, but I

recently moved into the other room.

I am not on probation, but they are

charging both of us with possession.

It is his word against mine, I guess,

but it was in his room. Can we both

be found guilty?


Asked on 8/12/07, 9:46 am

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Violation of CA Health & Safety Code 11357b

Yes, depending on the facts and evidence. Now if you want to have an attorney defend you against the charges, feel free to contact me, if the case is in SoCal.

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Answered on 8/13/07, 4:26 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Violation of CA Health & Safety Code 11357b

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that yes, two people can be found guilty of jointly possessing a substance. Since you were not on probation, however, you might have issues regarding the search that would help you, that would not be available to him in his case.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 8/13/07, 5:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Violation of CA Health & Safety Code 11357b

Yes. It is possible for two or more people to simultaneously possess the same item. Whether the jury or judge will be persuaded beyond a reasonable doubt is hard to say, but the prosecutor would not have charged you if she believed you couldn't be convicted.

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Answered on 8/12/07, 2:39 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Violation of CA Health & Safety Code 11357b

Where the heck do you live that the prosecutors file charges against people for teaspoons of MJ. First of all the max penalty is a $100 fine plus a penalty assessment of $150, you cannot possibly get probation or jail time no matter what. So have fun with the situation. Fight the charges. Demand a jury trial.

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Answered on 8/12/07, 3:29 pm


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