Legal Question in Criminal Law in California

my boyfriend is in custody and is fighting his case. There are no facts against him just his priors is all the DA have against him. He has a noarized letter saying that the drugs that were found outside the truck was the passenagers not his


Asked on 7/10/10, 11:56 pm

5 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

What is your question? People generally are not put into custody without some facts to support the belief they committed a crime. Many people who are arrested claim there are no facts to show that they are guilty. Was he the owner of the vehicle, did he know the passengers were using or had drugs on them, is he on parole for any of the priors and do the terms include not being near drugs, how does the letter support the claim the drugs were not his unless that person owned the drugs, sold them to the passengers, was at the scene of the incident and saw the drugs tossed from the rear seat, etc. Your life would be much easier if he no longer was your boyfriend.

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Answered on 7/11/10, 10:31 am
Edward Hoffman Law Offices of Edward A. Hoffman

Two or more people can possess the same drugs at the same time. Even if the claims in the letter are demonstrably true, that does not mean your boyfriend is innocent. Without more facts, that's the best I can do.

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Answered on 7/11/10, 12:36 pm
Terry A. Nelson Nelson & Lawless

So? His attorney will use whatever facts and evidence are available in defense motions or at trial. Giving you tips and hints, or sympathy, will be of no value to him. If he doesn't have an attorney, hire him one. If serious about doing so, feel free to contact me.

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Answered on 7/11/10, 5:45 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Please see a shrink to explore your self-esteem issues, to wit, why you are attracted to this drug-addicted loser.

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Answered on 7/11/10, 7:27 pm
Anthony Roach Law Office of Anthony A. Roach

A letter, even if it is notarized, is hearsay. Hearsay is an out of court statement offered to prove the truth of the matter asserted. Hearsay is generally inadmissible in a court of law, unless there is a legal exception. In this particular case, there is no exception. At best, he would need the person who wrote the letter to come in and testify. That is unlikely because they would have to admit to a crime.

Driving around with a "friend" who does drugs is not a good idea. As Chris Rock would say, he needs to get a new friend.

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Answered on 7/13/10, 3:17 pm


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