Can i assume ownership of marijiuana somebody else is being charged with posession of sales for found in a raid in our house

Asked over 1 year ago - Moreno Valley, CA

my boyfriend and i in a raid from moreno valley pd were both arrested and charged with the same thing posession of sales of 16.9 grams of marijuana. i was charged with under the influence also i was told if i plead guilty to under the influence that they were going to drop all other charges. now i specifically told the police that anything found inside of the house belong to me. well my man went to court and they didnt drop the same charges on him as they did for me. the marijuana belonged to me not to him but they dropped my charges and not his now he has a trial date cause he refuse the 3 year probation and 300$fine

Attorney answers (3)

  1. Jeffrey George Moore

    Contributor Level 15

    3

    Lawyers agree

    Answered . What's your question here? If "man" wants to go to trial, it's his right to call you as a witness in his defense. Or to testify in his own defense. Or both. If you choose to do so, you may testify under penalty of perjury that it was your marijuana and he had no possessory interest in it. If the jury finds your testimony credible, he may be found not guilty. He may have other possible defenses, such as possession but no intent to sell. Or even possession of less than an ounce with the intent to furnish to someone else for free (a misdemeanor). I would hope that he has an attorney that is familiar with the potential defenses to this crime. If so, that attorney is certainly in a better position to answer your "question" than anyone here.

    That's pretty much what the criminal justice system is about. A defendant is charged with a crime. The prosecutor is obliged to prove the defendant guilty of this crime beyond any reasonable doubt. If the defense raises a reasonable doubt as to the defendant's guilt, the defendant should be found not guilty. Hopefully this concept is not news to the average American citizen...

    Keep in mind that you can be charged with a felony if you tell people that you possessed marijuana with the intent to sell it. Hopefully you'll seek the advice of an attorney before you step up to help your "man."

    Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance.... more
  2. Michael Douglas Shafer

    Contributor Level 20

    3

    Lawyers agree

    Answered . I don't discern a question out of this but he needs an a attorney. He may have defenses, you might testify. etc. Discuss it with his attorney.

  3. Stephen Ross Cohen

    Contributor Level 20

    3

    Lawyers agree

    Answered . I wonder if one of two things happened here:1) he copped to it being his, before your or/and 2) he has a prior record?

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more

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