Legal Question in Criminal Law in California

possesion cases split in California

I was recently arrested for a possesion charge of methamphetamine. My car was searched because the passenger was a parolee. He was also arrested and pleaded guilty taking full responsibility. When I went to court yesterday, thinking my case would be dismissed, I was told the case was split and I would still be charged even though the co-defendant plead guilty. I have never been arrested before and want to clear my name!


Asked on 10/05/06, 3:06 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: possesion cases split in California

It is possible -- indeed, common -- for two people to simultaneously be in possession of the same drugs. Your passenger's guilty plea thus does not imply that you are innocent.

Keep in mind that possession is not the same thing as ownership. You can possess someone else's property, or the two of you can possess it at the same time.

You need to get a lawyer ASAP if you don't have one already. If you have told the authorities that you knew the drugs were in your car you may already have given the prosecutor most of what she needs.

Good luck.

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Answered on 10/05/06, 3:24 pm
Terry A. Nelson Nelson & Lawless

Re: possesion cases split in California

Happy to help you try, by defending the charges. Contact me if interested, and if in SoCal courts.

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Answered on 10/05/06, 3:27 pm
Jay Leiderman Leiderman Devine LLP

Re: possesion cases split in California

I have handled many similar situations before, some with great success. If you are interested, please contact me via e-mail or at 805.648.5730. Thanks.

Jay Leiderman

State Bar Certified Criminal Law Specialist

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Answered on 10/05/06, 3:39 pm


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