Question

POSSESSION CHARGE AND I WASN'T EVEN THERE

Asked 27 April 2013 · 1 answer

The question

My house got raided and meth was found in my garage. 4 people were there and they all got arrested and charged with possession cuz nobody stepped up and took the charges. I was out of town at the time of the raid playing golf. 2 weeks later I have a felony warrant out for my arrest for the same charges as everyone else.How can this be? i live in California. What can i do ? if i am charged and convicted of this i will loose my job of 17 years and my retirement over something i had no knowledge of nor was I even present at the time of the raid..

Joe

From the LawyerCentral forum archive. Originally posted 27 April 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 2 May 2013

This appears to be a situation that falls under something called the "Doctrine of Constructive Possession." This doctrine extends possession to individuals who didn't have hands-on possession of something illegal. I may be wrong, but I think in most cases, courts say constructive possession exists when a person merely has knowledge of an illegal object and, at any point, the ability to control it.

I am by no means a lawyer. I would assume the courts think you did, in fact, have knowledge the meth was in your house and, therefore, the ability to do something about it before you left for two weeks. Because no one in the house took responsibility for it, everyone is viewed as guilty. I would think it would be wise to contact a good lawyer in your area with knowledge of California's possession laws.

I hope this link helps explain things a little better until you speak with an attorney. Good luck with your situation.

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