Criminal Defense
Since 1993
Since 1993
HOW CAN YOU BEAT A DRUG POSSESSION CHARGE IN CENTRAL FLORIDA? FAQs
Q: What are the top ways to beat a drug possession charge?
A: There are several strategies to beat a drug possession charge, and here are the top three methods defense attorneys use:
- Challenge the State’s Proof of Actual Possession:
- Just because drugs are found near you doesn’t mean they can prove those drugs are yours. For example, if drugs are found in the center console of your car and you have passengers, the police can’t automatically assume the drugs are yours. Florida law states that mere proximity to drugs is not enough to prove possession. To establish possession when other people are around, the prosecution must provide independent evidence, such as fingerprints, a confession, or a witness statement.
- Challenge the Knowledge Element:
- Even if you had possession of the drugs, the state must prove you knew about them. Lack of knowledge can be a strong defense. For example, if you’re holding a friend’s luggage at the airport and it contains drugs, you can argue that you had no idea what was inside. The same applies if you borrow someone’s car and it contains drugs you were unaware of.
- Challenge the Legality of the Stop, Search, and Seizure:
- If the police do not have probable cause or a warrant to search you, your car, or your belongings, any evidence they find can be challenged. For example, if drugs were found in your car’s center console, you can question the legality of the traffic stop. If the stop was not legitimate, any evidence obtained can be thrown out. This is based on Fourth Amendment protections against unreasonable searches and seizures. For we defense attorneys, this is our most popular way to challenge a possession case.
Q: Can you give examples of challenging possession?
A: Sure, here are a couple of examples:
- Example 1: Drugs found in your car’s center console while you have passengers. The prosecution needs independent evidence to prove those drugs belong to you.
- Example 2: Holding a friend’s luggage at the airport that contains drugs. You can argue you didn’t know about the drugs, challenging the knowledge element of possession.
Q: What are some examples of challenging the stop, search, and seizure legality?
A: Here are a few scenarios:
- Example 1: An officer stops your car for not having a rearview mirror attached to the windshield, which is not required by law. You are only required to have mirrors, it need not be one attached to the front windshield. Any drugs found during this illegitimate stop can be thrown out.
- Example 2: An officer pulls you over for a minor tire squeal. If drugs are found as a result of this stop, they can be challenged and potentially dismissed because a little chirp of the tires is not, necessarily, grounds to stop a vehicle.
Q: Why is it important to challenge the state’s evidence in a drug possession case?
A: Challenging the state’s evidence is crucial because it forces the prosecution to prove every element of the crime beyond a reasonable doubt. By scrutinizing the evidence, you can uncover weaknesses or errors in the state’s case, leading to charges being reduced or dismissed entirely.
Q: What should I do if I’m facing a drug possession charge in Central Florida?
A: If you’re facing a drug possession charge in Central Florida, you must contact an experienced criminal defense attorney immediately. An attorney can evaluate your case, identify potential defenses, and help you navigate the legal system to achieve the best possible outcome. And, in case you haven’t figured this out yet, our law office has been defending drug possession charges in Central Florida since 1993, that’s over three decades of defense. If you need assistance, please contact my office. My name is John Guidry, and I’d love to help out with this.