Legal Question in Criminal Law in Florida

drug possesion

when riding in a vehicle and there are drugs found in the car and neither 2 people claim these drugs, how does the law read ? does all parties go to jail ? or do they just pick one person


Asked on 11/13/06, 5:34 pm

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

Re: drug possesion

yes everybody is charged.

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Answered on 11/13/06, 5:55 pm
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: drug possesion

Lots of variables here. This area of the law is called constructive possession. It depends on where the drugs were found, who owned the car, any statements that any of the people in the car. The law sometimes allows that there is probable cause to arrest the occupants but whether or not the State Attorney's Office files formal charges is another question. So, yes both people may be arrested but formal charges may not be filed

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

West Palm Beach, FL

"Handling criminal cases throughout Florida"

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Answered on 11/13/06, 5:57 pm


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