Legal Question in Criminal Law in Florida

constructive possession case

i was pulled over near my house(for speeding ''60 in a 40'', and no ticket) by an undercover cop. when askin for my license th office says he smelled what he thought to be pot. asked my passenger and i to exit the vehicle where he searched me and his partner searched my passenger. they found nothing on me and asked to search the vehicle he once again found nothing.

they did find a bag of weed on him. i did not know that he had it. they never asked me about the marijuana since it came from my friends pockets, and gave us both a possession charge??

on the police report it says i repeated everthing my friend said to be true(where he bought it, from who, etc.).

i've already gone to arignment and chose trial by judge. this morning i went to the status hearing of the case to find that my friend did not show up, and a warrant is issued for him.

so i am standing in court for a bag of weed in someone else's pocket.

today my case got moved to downtown trial by jury.

how do i get this crap dismissed???


Asked on 5/21/09, 3:40 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: constructive possession case

I think I have responded before to your inquiry. You will need an experienced lawyer to look for poosible avenues of dismissal. Please call me if you are interesred.

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Answered on 5/21/09, 3:44 pm
Joseph Vredevelt Best Vredevelt & Associates

Re: constructive possession case

The only easy way to get this case dismissed is to file a motion to dismiss and have a hearing where the officer can be cross examined and prove that you had no knowledge, nor ability to access the marijuana. If you need any help in doing this, please do not hesitate to call my offices. All my Best, Joe Vredevelt. The Cochran Firm. 305.284.8000

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Answered on 5/21/09, 3:49 pm


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