Legal Question in Criminal Law in California

a casino employee sats a small bag of meth fell out of my pocket and the camera shows it however it was two hours later deputies show up and arrest me for possession they found nothing on me and I have no priors how can I be charged

Asked on 8/28/13, 11:59 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

"Possession of a controlled substance" does not mean "carrying a controlled substance on your person at the time of your arrest". If the prosecution can prove that you possessed meth at any point in time within the limitations period, you can be charged.

The fact that you have no priors is irrelevant to whether you can be charged. But it may help you get a lower bail amount than if you had a record. It may also help you get a better plea deal. And if you go to trial and are found guilty, it may help you get a lighter sentence.

You say there is video of the meth falling out of your pocket. If there is also evidence that the substance really is meth, then the case against you sounds very, very strong. You need a good defense lawyer right away.

Good luck.

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Answered on 8/28/13, 12:45 pm

Zadik Shapiro Law Offices of C. Zadik Shapiro

You can be charged with possession of a controlled substance (Penal Code Section 11377.) Its a "wobbler" meaning at the discretion of the DA it can be charged as either a felony or a misdemeanor. If you have no priors you may be eligible to keep the charge off you record. But you need to see an attorney immediately.

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Answered on 8/28/13, 9:49 pm

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