Legal Question in Criminal Law in Florida

Possessing a controlled substance without prescription

first of all let me say I am a 44 yr old woman and have never been in any touble. My mother dropped her generic darvacets not in the script bottle in my yard and I put them in my purse to return to her. I happened to get stopped for a traffic violation of my tag not being properly displayed. (My tag was flipped down from getting into my hatch back) And the officer decides to search my car which is a 1992 Camero my husband is redoing as a hobby. He search in my purse without my consent and found the darvacets to which I tried to explain why I had them. I was charged with possesing a controlled substance without a script AND possible drug paraphernalia. (An empty diabetic strip container she kept the pills in)What are my chances of the courts believing me? Please any help would be appreciated. I am at my wits end over this.


Asked on 11/10/04, 3:56 pm

2 Answers from Attorneys
W.F. ''Casey' Ebsary Law Office of W.F. Casey Ebsary, Jr.

Re: Possessing a controlled substance without prescription

Please call me to discuss.

Toll Free 1-877-793-9290.

W.F. Casey Ebsary, Jr.

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Answered on 11/10/04, 9:24 pm
Carim Neff The Law Offices of Carim M. Neff, PA

Re: Possessing a controlled substance without prescription

There are several issues that may come to bear in your case. First of all an officer must usually let someone go after writing a non criminal traffic infraction ticket unless there is probable cause to search. if you refused permission to search and he did anyway (and the infraction was noncriminal) there may be a suppression issue involved. In a motion to suppress you ask the court to throw out certain evidence b/c the officer acted illegaly. There is also the fact based defense that you were simply picking up the medication b/c it was dropped. The issues are more complex than this and really only can be addressed with a thorough analysis of the case; i was just trying to give you an idea of things that sometimes come up. Feel free to call me and at 954-478-9048 to dicuss this further.

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Answered on 11/10/04, 11:41 pm


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