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DA will not charge Lamar Odom with drug possession

California NBA fans may be surprised to hear that Lamar Odom will not be charged with drug possession stemming from his highly publicized overdose incident at the Bunny Ranch in Nevada. Since the incident, Mr. Odom has been going through treatment in Southern California.

The incident happened in Nye County, Nevada, where the Bunny Ranch is located. The sheriff there had referred the matter to the local district attorney with a recommendation that felony charges be filed against Mr. Odom. The district attorney, upon reviewing the evidence in the case, announced that the office was declining to file charges.

Reportedly, the cocaine in Mr. Odom's system had metabolized. The prosecutor indicated that because it had metabolized at the time of testing, it was impossible to prove that Mr. Odom used the drug in Nye County, one of the offense elements the prosecutor would have been required to prove. According to reports, Mr. Odom has suffered a loss of memory and has difficulty walking without assistance since his overdose.

All drug charges, including drug possession, can carry potentially serious penalties if a charged person is convicted of them. Law enforcement authorities make recommendations for charges, but it is up to the prosecutor whether or not actual criminal charges will be filed in any case referred to them. Those who are under investigation for these types of matters may want to obtain the representation of a criminal defense attorney even prior to formal charges. Defense counsel could point out problems with the prosecutor's case that might lead to a decision not to prosecute. In some cases, prosecutors may be missing a required element they need to be able to prove for a conviction.

Source: FOX Sports, "Report: Lamar Odom will not face criminal drug charges in Nevada," Bryan Kalbrosky, Jan. 11, 2016

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