Legal Question in Criminal Law in Florida

marijuana search screw up

my girlfriend and i were arrested at a hotel in lake county florida for child neglect and possession of 5 grams of marijuana. Our room and luggage was searched by the arresting officers. Our luggage then went to the police station for a day, then to department of children and families, then to the foster parents that the kids were sent to. Three days later, the foster parents claimed to have found another bag of marijuana in our luggage and turned it in to the police. They haven't filed charges, but the police say that if they do, that it would be a separate charge. Can they really hold me responsible after the police had searched the bag and didn't find anything. How can they prove the ''foster parent'' didn't make it up. The police didn't find the alleged marijuana, the foster parent did, and they turned it in to the police. If they can charge me, shouldn't the weight of that marijuana be added to the existing charge? Can I fight this at all? It just doesn't seem right to me. Please respond...We need some help.


Asked on 9/05/07, 9:48 am

2 Answers from Attorneys
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: marijuana search screw up

The short answer is you really need a good criminal lawyer-your stakes are too high!

Scott H. Cupp

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Answered on 9/05/07, 10:20 am
Scott R. Jay Law Offices of Scott R. Jay

Re: marijuana search screw up

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.

The police can arrest you but the State will have to prove the charges in court. You can and must fight this in court. You need to hire the best criminal attorneys you can possibly afford and then some. The penalties are too high to take this lightly. You may lose your children to the state if you are convicted.

Scott R. Jay, Esq.

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Answered on 9/06/07, 3:23 am


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