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Can I be charged with possession of items found in search of ex-boyfriend's house?

Hayward, CA |

I was dropping my son off to his dad's house, when a car pulled up and three police officers got out. They said they were going to search his apartment and proceeded to do so (He's on probation/has search & seizure). They found drugs, paraphernalia & some items suspected to be stolen. We were BOTH arrested & are facing identical charges! Can I legally be held responsible for items found in HIS house?! I told the officers that I don't live there; they checked my license for warrants, so they know where I DO live... Still, I went to jail!! Thankfully, my sister took my son home. I spent all my savings on bail, hoping the charges would be dropped but that hasn't happened. Now I'm scared- can they charge me with possession, when I never even knew the things existed?!

Attorney Answers 5


  1. Charging yo with a crime is different from convicting you of it. It sounds like they have already charged you. To charge you they need very little proof - called probable cause. Probable cause is really no more than a strong suspicion. To convict you they need proof beyond a reasonable doubt. That is a much higher level of proof.

    Since you have been charged you need a lawyer.

    Wayne R. Foote, Esq.
    Board Certified OUI Defense Law Specialist
    by the National College for DUI Defense, Inc.
    Law Offices of Wayne R. Foote, PA
    344 Mt. Hope Ave
    Bangor, ME 04401
    (207) 990-5855
    (207) 990-5858 (fax)
    www.lawyersmaine.com
    "Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.


  2. My colleague's answer nails it on the head. Whether or not they can charge you and whether not they can prove the charge is two very different questions.

    I'd be happy to go over your case with you. I practice criminal defense in Hayward.


  3. Clearly the police believed you were a resident based on the circumstances they saw at the time - you at the apartment (police aren't legally required to "think outside the box," so most don't). That said, you surely have a defense if you don't live there and do not have any connection to anything. I practice in Alameda County - feel free to contact my office if you would like to discuss your situation further (925) 605-8747.

    Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.


  4. The only thing I would like to add to my colleagues' comments is that you should NOT discuss this matter with anyone except your attorney. Your comments can be used against you.

    All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.

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