Legal Question in Criminal Law in Florida

possible possesion

I attend a private college and am being prosecuted with possesion due to to empty pill bottle that smelled like it was used to carry pot and a plastic bag with i think a steam i didnt get a good look although i think it was tiny. I had know idea either of these were in my room, seriusly they both must be at least a year old but i know they wont believe me. I am trying to see what the best course of action to take. Hopefully expulsion isn't even brought up but some kids here have gotten expelled for just admitting to smoking dope while being a student. I have a meeting with our dean to discuss this and didnt want to go in blind and fall for administrative tricks that they use to pin stuff on accused students. I know that because its a school, the legal prosedures and laws are different(espesially since its private) but i havent said anything so far in fear of condeming myself and the truth is i havent smoked while being a flagler student they were just old sacks.I am also willing to take a drug test for prove this but i dont know if that would change any minds. their pretty bad at profiling kids here so im just looking for some help. This school is my last hope please help


Asked on 4/15/09, 10:54 pm

1 Answer from Attorneys
Kelly Papa Law Office of Kelly Papa

Re: possible possesion

From what it sounds like, the most they have is possession of paraphenalia. That is a 1st degree misdemeanor. Most of the time, if it is your first offense, it would result in a with-hold of adjudication which would be that you wouldn't have a conviction on your record, and court costs - possibly a drug and alcohol screening to see if you have a problem. As far as your college goes, one would have to read their handbook. My advice to anyone - whether dealing with police or with anyone else, is to exercise your right to remain silent. For if you say that you haven't smoked since being in school - they may infer that you're a seller. Other students could have left the articles in your room. You may have a roommate. That roommate could be the guilty one, or could just have been messing with you. So, Just tell them that you won't be talking until you know what your charges are and have spoken with an attorney. I am a Jacksonville attorney but do take cases in Flagler, feel free to contact me if you need further information.

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Answered on 4/15/09, 11:11 pm


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