Legal Question in Criminal Law in Florida

Yes he can go tell the police. Of course, he will probably get arrested but at least the one brother will get out.

There are many circumstances in which one or both brothers can get criminally charged regardless of what is disclosed to the police.

Some of the facts that law enforcement and the State Attorney's Office will look at are any statements made (this includes admissions or confessions), personal property found near the drugs, were the drugs found in a common area. This is just a small list of some issues that can be used to prosecute, or defend, drug charges.

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The other brother will be free to later testify that the drugs are his and there are certain circumstances where he could be granted immunity from prosecution.

The best way to get started would be to take a look at the police reports and see what (if any ) evidence that the government has against the currently charged brother.

Remember that the government has the burden to prove each and every element of the offense, beyond and to the exclusion or a reasonable doubt... Long story short he wont have to prove anything.. it's all the government's job.

My office is here in South Florida and I handle cases in Miami-Dade; feel free to give me a ring, or drop me an email, if you have any other questions or would like to talk further.

Take care,

-Leland