• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Possession charge

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LouderThanWords

Junior Member
What is the name of your state (only U.S. law)? Florida

I was issued the arrest paper work but was not arrested in Brevard county for possession of marijuana less than 20 grams statute # 893.13 and for possession of drug parphernalia statute # 893.145.

I was charged with this when our car got pulled over because they were pulling the driver over for dui(It was the driver and myself in the car). I had already exited the car and been searched they were arresting him and asked me to call someone to pick me up so I asked to go to the car to get my phone when I was getting out of the car the officer saw a small pipe and a mint container that had weed in it. I told them it wasnt mine but was charger with it anyway. Can I be charged with this if the car was not mine it was registered to the driver and it wasnt found on me it was found laying on the floor between the center console and the passenger side floor.

I have a court date Nov 12th in addition to wondering if I can be charged do I need to hire a lawyer? I know people are telling me the charges are not a huge deal but I have a clean record and would like to keep it that way.
 


CdwJava

Senior Member
If the contraband was in a place where it can be argued you had knowledge of it and the ability to control it, then case for possession can be made. Your attorney can always argue the issue by trying to make the state actuall show beyond a reasonable doubt that you knew of the contraband. A lot will depend nowhere the stuff was and what you and the driver had to say about it.
 

cyjeff

Senior Member
I will add that I am encouraged that you had absolutely no problem whatsoever in pining your weed on the driver.

I thought there was honor among thieves?

I know, I know... he was already going to jail anyway so what is the big deal about another charge?
 

LouderThanWords

Junior Member
CYJEFF - It wasn't my weed and I didnt know it was in there. My job does drug testing so I stopped smoking over 5 years ago. But hey just assume and be an ass.
 

cyjeff

Senior Member
Well then I really hope your not an attorney if you believe everyone who is charged with something is guilty.
I didn't assume you were guilty. I assumed you were charged with possession because you were in control of drugs.

Now, the easiest way to avoid this is for the driver to admit that it was his container. Is the driver willing to do that?
 

tiredtink

Junior Member
Keep your head up. Get a lawyer and fight that. Don't let no one convince you that your clean record don't matter cause it does. That clean record will aid in jobs and other position.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top