Legal Question in Criminal Law in Florida
Marijuana found in car
I was pulled over for a traffic violation, the police asked for both mine and passengers id. He had a warrant so the police said they had to search the car. After the search the had found about 2 grams of marijuana which the charged me for. This would be my 2nd misdemeanor. What should I expect to happen?
1 Answer from Attorneys
Re: Marijuana found in car
The state has to prove that the marijuana was in your actual possession or that you had constructive possession of it. That is, you said something to make it yours or they need to show that it was exclusively in your care custoday and control.
If you didn't say anything, and it was found in a part of the car that your passenger also had access to, then you should file a motion to dismiss the evidence.
If you plead on a 2nd misdemeanor and this is your 2nd conviction it depends on the jurisdiction as to what kind of punishment you'll get.
Nicolas.
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