“Possession” in drug cases means in Vista and throughout California that you have control over the illegal drugs or the right to control it either personally or through another. You do not have to own the drugs, you do have to know they are there. Whether you actually possess the drugs or marijuana is one of the elements in proving a simple possession for personal use or possession for sale. Possession may not be an issue if it is clear on where the drugs were found that it belonged to a certain person, like if they are found in someones identifiable purse or clothing.
This issue often comes up in drug cases where someone is arrested in a residence or motel, or in a vehicle where drugs are out in the open and it appears clear that everyone there had knowledge, access and control. Usually everyone present gets arrested and then based on possible confessions of individuals, perhaps not everyone gets charged. However, just because someone takes responsibility and says “those are all my drugs”, does not mean others present will not be charged especially if others are under the influence of the same drug found.
There are a number of factors which are important to look at if “possession” is an issue. Some of them include location of the drugs, access, identifying ownership information, use, and the circumstances of the presence of the people alleged to be in possession. Prior records for drugs may also be a factor. Call Nicholas or William Christoph at Christoph Law Offices for a free consultation at 760-670-3885. We have handled seveveral thousand drug cases while practicing exclusively criminal defense across from Vista Courts.