Legal Question in Criminal Law in Florida

Re: no finger prints on drug baggy

yes, they dont need prints

Re: no finger prints on drug baggy

The fact that the prints were not your is a good for your defense. However, the state attorneys office can still file a possession charge. If you would like for me to review the charging affidavit, we offer a free consultation.

Re: no finger prints on drug baggy

Here is a more complete run down on the law: A person can be charged with direct or constructive possession of a controlled substance.

Direct possession, for example, would be finding the drugs in your pocket. Direct possession does not apply here.

Contructive possession has three legal elements:

1) The defendant is aware of the substance, and;

2) The defendant is aware that the substance is illegal, and;

3) The person can exercise 'dominion and control' of the substance.

'Ownership' does not technically matter - Person A can own the joint, but if it is found on person B, B gets charged.

Also, a motion to dismiss will NOT work with a constructive possession charge - the courts have decided that it is a jury issue when it comes to whether someone has 'knowledge' that the substance in question is illegal. This is very important - in many counties, if you go to trial, that pretrial plea offer goes away and the judge can pop you with jail or prison time if you lose. The law says a judge cannot be vindictive, but that doesn't stop them from imposing a harsh sentence in excess of the plea offer: They cover their tracks at sentencing by saying something like the evidence they heard or the fact the jury rejected a defendant's testimony meant the defendant lied, thus they justify the sentence.

This does not mean you have a 'dead dog loser' of a case, but a realistic understanding of what a lawyer can and cannot do for you is important. You may wish to take this case to trial, but before hiring a lawyer, you may wish to use the checklist on my website for a guideline for selecting the best lawyer.

Finally, I have no dog in this hunt - I only take major felonies, so I am not soliciting your business: I am telling it like it is. We wish you the best with this case.

Warmest regards,

Stephen G. Cobb

Re: no finger prints on drug baggy

A little suprised about the doomsday answers by the rest of the crew. This case is a no brainer.

Given that the car was purchased just 15 minutes prior, presumably you denied knowledge of its presence, and assuming the baggie was not in plain sight or found within your immediate grasp, this case would be impossible for the State to prove.

While knowledge is technically a jury question, under these facts a judge would be required to enter a JOA (dismissal) before the case was even released to a jury.

Unless there is something else you are not telling me, I would not worry to much. Feel free to call me if you would like to talk in more detail.

Regards,

Richard Hornsby