Legal Question in Criminal Law in Florida

I have been charged with possession of cannabis with intent to sell/deliver. The officer who arrested me said that i was pull over for a traffic violation; when he smelled pot and search the car, then made the arrest. How can the pot be admitted as evidence when I was not written a traffic citation? And is officer's word of my confession taken as fact?{ With no proof such as,no written nor tape nor video nor witness, just the officer saying so}.


Asked on 6/26/10, 11:39 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If you really did commit a traffic violation, or even if it just looked like you did, then there is no problem with the charges. The officer did not immunize you when he decided not to give you a ticket. Just be glad you have one less thing to worry about.

All testimony, including that of police officers, is open to doubt. Your lawyer (get one immediately!) is free to argue that the cop was mistaken or even that he's lying. But unless he can explain why the cop would want to lie, the judge or jury will probably reject his argument. You implicitly admit that the marijuana really was in your car, which will make it very hard to doubt the officer's testimony that he smelled it.

You may be able to win your case on other grounds, but the lack of a citation won't do it for you. Arguing that the officer lied isn't a very promising approach, either.

Good luck.

Read more
Answered on 6/26/10, 3:05 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida