Legal Question in Criminal Law in Florida

Incorrect Marajuana Charges

My husband was arrested and faces two charges. (Felony) 1. Poss of MJ20g 2. Poss of Drug Para. This is the problem: He was a backseat passenger in the vehicle that wss pulled over and had approx. 7-8g of MJ on his person. He was pulled out and searched before the car, or any other occupant of the vehicle. After arresting him and upon searching the vehicle (whis does not belong to us, btw.) the police recovered an ounce of MJ in the glovebox (which just happens to be where his 'friend', the previously convicted drug felon was sitting) This is his first offense of any kind. Our problem is that the police are charging him with the bag of MJ that was in the glovebox, which makes it a felony offense. Any suggestions anyone may have, I would very much appreciate.


Asked on 8/10/05, 10:32 am

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: Incorrect Marajuana Charges

An attorney may be able to avoid the felony charge, but you aren't likely to be able to do much about it without one. You didn't say why he was pulled out and searched. An attorney may be able to successfully defend all the charges including the paraphernalia.

Either hire an attorney or ask the court to appoint one for him.

Dan

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Answered on 8/10/05, 4:32 pm


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