Legal Question in Criminal Law in Florida

I was caught in possession of a fed ex tracking number on a cell phone. The package contained a couple pounds of pot. I didnt know what was in the package just passed the information on. I havent been arrested YET but the phone is in my girlfreinds name and was taken by police a month ago.. She tried a week ago to get it back, and they gave her a search warrent saying that it was taken due to stored information..What is myself guilty of?? Is that enough for a warrent?? Should i retain a lawyer before arrest??


Asked on 12/03/09, 4:47 am

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Your lack of knowledge of the contents of the package will not leave you in the clear. I suggest you get an attorney before being arrested. You can tell the attorney the whole story under the benefit of the attorney-client privilege, and the attorney can tell you what not to say to the police. If you are arrested, you should have an attorney on retainer to call immediately.

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Answered on 12/08/09, 5:38 am
Don Waggoner Don Waggoner Law, P.A.

An attorney can help you. He/she could go to the cops now and ask what's up and try to get the phone back. I don't see a conviction based on these facts alone, but an accusation and arrest are possible. You absolutely must not talk to the cops w/o a lawyer present and advising you.

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Answered on 12/08/09, 6:36 am
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

It is often best to get a lawyer early on in the process. This will allow you to discuss the situation under the protection of attorney-client privilege. Also, having a lawyer early in the process may allow the lawyer to prevent the arrest, or alternatively to negotiate the best possible resolution at the outset. In your case, while a conviction seems unlikely, that does not mean that the police cannot or will not arrest you. They may, and leave it to the State Attorneys Office to work out a plea or try the case.

I would be happy to answer any additional questions you may have. Please feel free to e-mail or phone me at your convenience.

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Answered on 12/08/09, 8:28 am


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