Legal Question in Criminal Law in California

lets say a meth pipe is found in a probation search, in between the mattress' of one of the beds, at popular motel. During the course of the search, the suspect is given the field sobriety tests for meth, twice, and is determined sober, and not arrested for H&S11550, is it possible to beat the poss. of smolking device charge from lack of evidence proving it was mine?


Asked on 10/22/09, 3:05 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Is it possible? Sure. Will it happen? There's no way to answer that question without a complete review of the evidence against you... and even then, your attorney may not know what will happen until a jury or judge announces the verdict after a trial.

If you're on probation, the prosecution gets two shots at you: the new charges and a probation violation. The burdens of proof are different... even if the DA can't prove you guilty beyond a reasonable doubt, a judge could still find you in violation of your probation based on the lower standard of a preponderance of the evidence (lawyer-speak for "more likely than not").

You need an attorney to represent you. If you can't afford an attorney, ask the judge to appoint the Public Defender.

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Answered on 10/22/09, 3:14 pm
Terry A. Nelson Nelson & Lawless

Anything is possible. Likely is a different issue. Unless you know how to effectively represent yourself against a DA trying to put you in jail/prison, I suggest you get an attorney that does know how. He can use whatever defenses you may have. If serious about doing so, feel free to contact me.

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Answered on 10/22/09, 5:11 pm


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