Legal Question in Criminal Law in Florida

What can you get charged with if in a car while someone else is selling drugs?

I took a friend to walgreens to meet his ex-girlfriend to ''borrow'' some money.Come to find out the money that he got from her was in exchange for pills.A few weeks later I was arrested for posession and sale.The possesion charges were dropped,but I am still accused of sale, of which I had no knowledge.My public defender is worthless so I would like a second opinion as to what kind of trouble im looking at.FL


Asked on 9/19/08, 4:51 pm

2 Answers from Attorneys

Aaron Slavin Slavin Law Firm, LLC

Re: What can you get charged with if in a car while someone else is selling drugs?

I disagree with the first answer. Since the State already dropped the possession charge, you are not being charged with "constructive possession." What the State is doing is charging you as a "principal" to the sale of the pills. In order for the State to prove that you were a "principal," they would need to show that you aided, assisted, encouraged, or otherwise helped your friend in the sale of the pills. Being present at the scene is simply not enough.

If you have any questions about this, please call me law office today and I can answer them for you, or you can email me a question at the address listed below.

Good luck.

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Answered on 9/20/08, 8:44 am
Joseph Brown The Brown Law Firm

Re: What can you get charged with if in a car while someone else is selling drugs?

You can be charged due to a legal theory in Florida known as "constructive possession." The State will be required to prove you had knowledge the drugs were in the car and had the ability to exercise control over the drugs. If this is your first offense you may be eligible for a pre-trial diversionary program...need to ask your PD

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Answered on 9/19/08, 4:58 pm


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