Legal Question in Criminal Law in Florida

construtive possesion?

My state is Florida & me and my wife was pulled over for tag lite ,i was immediatly removed from car and searched , they ask if they could search the car ,we said no ,then it begin to rain ,so they asked my wife to pull car by the gas pumps so they could walk the dog around car , they said he made a sign so they commence to search, the found a very minute amount of said (meth) under my seat , they asked if it was mine i said no ,but they never asked my wife ,Now im going to trial w/ an unhappy Public defender , if my wife takes the stand and admits she put it under my seat when i was taken out of car,will I have a chance in this jury trial?


Asked on 7/11/07, 8:17 pm

3 Answers from Attorneys

Nicolas Babinsky SealMyRecord.Com

Re: construtive possesion?

Has your PD filed a motion to suppress the evidence? There is a construction possession problem here. The are where it was filed was not in your exclusive care custoday or control. I would not have your wife admit it, she could be arrested and prosecuted.

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Answered on 7/26/07, 10:56 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: constructive possesion?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You need to discuss this with your attorney. It would be unethical for another attorney to give you legal advice while currently being represented. Suffice it to say, if your attorney can provide doubt as to the ownership of the drugs, you should not be convicted.

Scott R. Jay, Esq.

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Answered on 7/12/07, 11:45 am
Valerie Masters Valerie Masters, P.A.

Re: construtive possesion?

i disagree with mr. jay. it is ethical to get a second opinion. the state must prove control, knowledge, and illegality of the drug. i think a jury mught have a hard time believing your wife put it there without your knowledge.

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Answered on 7/12/07, 4:19 pm


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