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I am Accused of Possession of a Controlled Substance - What Should I Do? - California Health & Safety Code Section 11350

By Walin & Klarich

California Health & Safety Code Section 11350 is a law that makes it illegal to possess various types of drugs as defined within the health and safety code. In order to be convicted of possession of a controlled substance, the prosecution must prove that you unlawfully possessed a controlled substance, that you knew of its presence, that you knew of the substance?s nature or character as a controlled substance, what the controlled substance was, and that the quantity possessed was a usable amount. Possession means that a person has physical custody and control over the substance. One of the many defenses to possession of a controlled substance is momentary/transitory possession. In order to successfully assert the defense of momentary/transitory possession, it must be shown that the defendant possessed the controlled substance only for a momentary or transitory period, that the defendant possessed the controlled substance in order to abandon, dispose of, or destroy it, and that the defendant did not intend to prevent law enforcement officials from obtaining the controlled substance...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 09, 2010 (boomark / email).