Legal Question in Criminal Law in Florida

Is Possession Charge legal?

I was recently stopped by police for having a headlight out while bringing someone home before I went to work. I was asked to exit my car and walk to the patrol car which left my passenger alone in my car for at least 20 min while I was questioned and searched. The police asked to search my car and I agreed since I had nothing to hide but apparently when my passenger was being taken out of the car handcuffed the officer supposedly found some drugs but did not tell me what it was or how much and I was then arrested and brought to jail overnight. I then learned that my passenger had a prior arrest for the same thing and I believe he dumped his drugs in my car out of fear of being arrested. I was also let go from my job because of this incident and not showing up for work that night due to my being incarcerated.

Also, the car was searched again but returned, albeit damaged since no other things were found. Several things were missing from my car when returned and not until AFTER I filed a complaint with the police dept regarding my losses were charges officially filed against me while no chrges were filed against my passenger except for his existing felony charges he got for possession before this incident.

Please Help!


Asked on 5/31/07, 10:12 pm

3 Answers from Attorneys
Raul Ruiz The Law Offices of Raul Ruiz, P.A.

Re: Is Possession Charge legal?

Possession of a controlled substance is in fact a constitutional crime. From what you have indicated, it sounds as though "constructive possession" is the theory that the state is prosecuting under. Constructive possession doesn't require that the item physically be on you, but that it be in an area where you can exercise dominion and control over it. However, it also requires knowledge on your part that the item is there and that you can exercise dominion and control.

Read more
Answered on 6/01/07, 6:46 am
Robert M. Perez Law Office of Robert M. Perez, State and Federal Criminal Defense

Re: Is Possession Charge legal?

Contact my office to set an appointment to further discuss the issues regarding this case.

Read more
Answered on 6/01/07, 8:08 am
Richard Hornsby Richard E. Hornsby, P.A.

Re: Is Possession Charge legal?

This is a very common situation. The Officer had enough to arrest you, but if you have a good attorney, does not have enough to convict you.

There is a constructive possession and reasonable hypothesis of innocence argument that can be made and cause the case to be dismissed.

If you are in the Central Florida area please call me and I would be happy to elaborate.

Regards,

Richard Hornsby

Read more
Answered on 6/01/07, 8:09 am


Related Questions & Answers

More Criminal Law questions and answers in Florida