Legal Question in Legal Ethics in Florida

My ex-spouse, whom we both thought we had a 1 year no contact, find we have never no contact. I was out of town asked him to hold my controlled prescription meds (a small amount) I was supposed to be home and go pick them up but was late. Meanwhile he was found unconscious on his own property with my prescriptions in his constructive possession. He thought the Largo Police was at his house to help, two girls across the street were helping, the officer had them go back across the street and the fire depatment was shewed off as well. He had an inferioir infarct less than a month before and was not drinking or taking my medications. F.S.893 contrary to 893.13. The officer checked drug and alcohol use but never tested him. He does not remember much of anything but falling again at the jail. The judge put him on 72hr advisory, he needs medical help but is deathly afraid to leave his home. He is bipolar and major depressive disorder. Shouldn't this officer had him medically cleared? We are both disabled, I know nobody else in this town except my mom who was with me. Any help or suggestions?

Asked on 1/26/13, 2:38 pm

1 Answer from Attorneys

Joseph Justice The Justice Law Firm
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You can contact the state attorney's office and provide them your valid prescriptions and they may not chose to prosecute him for possession of a controlled substance. As to the medical clearance, that is usually a determination made by the jail staff, not the arresting officer. I would guess that the responders from the fire department were EMTs so they probably checked him before he was taken into custody.

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Answered on 1/28/13, 9:32 am

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