Can I be charged with hs11366 and hs11378? - Criminal Law Questions and Answers- LawQA.com

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Can I be charged with hs11366 and hs11378?

I am fighting a case right now they are trying to charge with me hs11378 methphetamine sales and hs11366 maintaing a residence. The house was not my house but I was the only one there at the time during the parole sweep. It was my boyfriend's house. The arrest reports says I said I lived there. The report stated that I lived there for about 3 or 4 months. I am not on the lease and I do not receive any mail there nothing under my name there. My ID don't have the address. I live with my mom.

Law Offices of Martina A. Vigil, PC
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California Penal Code 11366 does not require ownership of the place to be convicted.

Answer Applies to: California
Replied: 11/8/2011

Law Office of Eric Sterkenburg
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If you can prove that you are living at another address and that you only visit and spend the night occasionally then you should not be convicted of H&S 11366 as a person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance The officers will be looking to see if you had large amount of money on you or if you had the equipment associated with drugs sales, scales, baggies, note pad with names and numbers and amounts, cell phone with text messages from buyers, etc. in or on your possession. If not then they would have a problem convicting you of H&S 11378; possession for sale any controlled substance. If all the drugs and paraphilia is out in the open and in the room you are in; you may be in trouble on the H&S 11378. If the police can show from testimony of persons in the area that you are always there day and night you may be in trouble on the H&S 11366 charge. If you are the one on parole then you are in violation just by being around the drugs.

Answer Applies to: California
Replied: 11/7/2011

Answer By Paula Drake
Law Offices of Paula Drake
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Hopefully you have counsel; you have some good issues and hopefully more facts are in your favor regarding the sales charge. If you do not have an attorney, you should get one in order to present your issues to the prosecutor and/or take the case to trial.

Answer Applies to: California
Replied: 11/6/2011

Answer By Tracey Sang
Law Office of Tracey S. Sang
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You can be charged if the police and the DA believe there is adequate evidence of some sort to show you lived there (someone's testimony, most likely.) But if this was not the case then, by all means, you must fight the charge and will hopefully prevail. Sounds like you have a good defense; if you are charged be sure to tell your attorney all the mitigating facts.

Answer Applies to: California
Replied: 11/5/2011

The Law Office of Harry E. Hudson, Jr.
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There is a difference between being charged and being convicted. The DA can charge whatever he thinks he can prove. BUT he does eventually need to prove it.

Answer Applies to: California
Replied: 11/5/2011

Answer By Daniel K Martin
Law Office of Daniel K Martin
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A person's residence is defined by their mental state. Do they intend to live at a particular location, if so then that is their residence. Since nobody knows what you intended the prosecution will introduce circumstantial evidence to establish intent. Fortunately it sounds like the most popular things to show intent to live at that residence is not present. The lack of a utility bill and not being on the lease. However they will also look at whether or not you had clothes there and whether their investigation showed that you were there for more than one night. The best thing you can do is contact a criminal defense attorney.

Answer Applies to: California
Replied: 11/4/2011

Answer By John W. Bussman
Rizio & Nelson
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Being on the lease isn't an element of the crime.

Answer Applies to: California
Replied: 11/4/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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Yes you can, and you have been charged. Time to shop for a lawyer, who can best present your story to the court and prosecutor under the best possible light.

Answer Applies to: California
Replied: 11/4/2011

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