Legal Question in Criminal Law in Florida
possession of marijuana under a gram
in a vehicle.. not driving. stopped because person in the back of the truck was standing while truck moving down the road. 3 small pieces of marijuana joints were found in the truck. i was the passenger and arrested for possesion. i knew nothing of this drug being in there and it was not mine.
2 Answers from Attorneys
Re: possession of marijuana under a gram
Hello: You do not ask a question in your comments. I assume you want ot know what your chances are or what happens in these cases, but it is not clear. I can offer an overview. Basically, the State will have a problem proving you had possession or knowledge of the drugs unless there is some other evidence.
I do not know if you have been to court yet. Basically, there is an arraignment where you first tell the court how you want to plead. You can plead no contest or guilty that day to get the case over. Te State usually gives people favorable offers the first day to keep the caseload down and sort of reward the Defendant for getting the case over without costing the system time and money.
If you do not want to plead to the charge, you tell; the judge not guilty and the case will be passed for a pre-trial. This is simply a status update where the attys. come in and tell the court what they have been doing. This can be passed for a while, depending on the judge. Eventually, the court will set the case for trial which sort of forces the parties to make a move. Before trial, if you think it was an illegal stop or illegal search, you would file a motion to keep the evidence out. The court would set this for a hearing. If granted, the state would have to drop the case. If my office can be of further assistance on this or other matters in the future, please contact me. Tom Rosenblum
Re: possession of marijuana under a gram
sounds like you have a winning defense. pls call me if i can help.
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