Legal Question in Criminal Law in Florida

posession of controlled Substance

My son was pulled over for speeding. Police searched hhis car and found 2 pills. Went to lock up- First offence. He can seek supervision ( Probation) and not go before a judge or take his chances in court. I was told by a friend. If he was stopped for speeding but did not get a citation for that, the other offence will be thrown out- Yes- NO?

Help needed please. We are new to the system and hopefully done with it.


Asked on 12/20/08, 7:47 am

2 Answers from Attorneys

Aaron Slavin Slavin Law Firm, LLC

Re: posession of controlled Substance

The advice that your friend gave you is absolutely WRONG. There is no requirement that the law enforcement officer give your son an infraction for speeding (or whatever was the basis for the stop). All the cop really needs to say is "I was charging him with the pills, so I decided to be a nice guy/girl and cut him a break on the speeding ticket."

An experienced criminal attorney would need to review the facts of the case to determine whether your son should try to resolve his case with supervison or some sort of a diversion program (whereby his case can be dismissed after successful completion of the diversion program), or whether he should challenge the case in court.

There are some factors that an attorney would need to look at such as: where the pills were found? who owns the car? how many people were in the car? did your son make any admissions that the pills were his? etc.

Please visit my website at: www.slavinlawfirm.com for more information on drug charges. I have a full page dedicated to those types of offenses.

If you have any specific questions, please feel free to contact me by email or phone (we take calls all weekend).

My office is in Clearwater, but I handle cases throughout the Tampa Bay area including Manatee and Sarasota counties.

Aaron J. Slavin, Esq.

727.474.3785

1.877.HIRE.SLF

www.slavinlawfirm.com

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Answered on 12/20/08, 8:03 am
Valerie Masters Valerie Masters, P.A.

Re: posession of controlled Substance

Hi.He really needs to hire a lawyer asap.He is facing a felony, which can ruin a future.Don't listen to friends with bad legal information like you have described. I am available to consult with you this weekend if you are interested.

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Answered on 12/20/08, 8:39 am


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