Legal Question in Criminal Law in Florida

broward county contructive possession

here is my dilema. I was pulled over by two undercover officers and both me and my passenger were almost immediately taken out of the vehicle and put into cuffs. first, my passenger was searched and had a small bag of marijuana on him. he was then threatened to be taken to jail he he didnt reviel where he got the bag at. he did tell them a lie. they never took him to jail instead they did however charge both him and i with possession of the bag. now i did not know that he had the bag on him at the time. my status hearing is this coming monday and my defense will be that i had no knowledge of bag and it wasnt in my possession. on the police report it says i admitted to buying the bag (when it wasnt mine)!what should i do?


Asked on 5/14/09, 6:34 pm

2 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: broward county contructive possession

You should hire a lawyer

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Answered on 5/14/09, 6:37 pm
Leland Garvin Garvin Law Firm

Re: broward county contructive possession

It sounds like the police officers may be stating that something else happened if this case has gone as far as you getting a status date.

Clearly if the stuff was in his pocket and you did not have knowledge of that then this is a classic constructive possession case and they should not be moving against you.

Feel free to give me a ring if you would like to talk further; my office is here in Broward where I previously worked as a prosecutor.

good luck,

-Leland 954.524.2424

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Answered on 5/15/09, 10:48 am


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