Legal Question in Criminal Law in Florida

Possession of Marijuana

My 18 year old son was arrested with two others at a park for possession of marijuana. They were released there. The police didn't find any marijuana on any of them. They did, however, find a very small amount in a bag in the bushes. All were searched, and nothing was found. My son has no prior arrests.

Is it possession if marijuana is not found on you? Do we need a lawyer when he has to appear?


Asked on 12/21/00, 12:17 pm

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: Possession of Marijuana

It is VERY hard for the State to prove a possession case with the facts that you presented here. Typically, the State must prove that the illegal substance was within the control of the person arrested. You have a very good case in terms of a defense. It is your decision whether you hire an attorney or not. Certainly you are better off WITH counsel than without. IF your son is adjudicated for this act, then he will lose his license to drive for TWO years, plus he will have a criminal record for the REST of his life. The cost of an attorney, in this case, can be one of the best investments in your son you will ever make. GOOD LUCK....

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Answered on 12/27/00, 11:31 am


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