QUESTION

if a friend claims possesion of a drug in court when you are both facing the possesion charge will your charge be dropped?

Asked on Jan 13th, 2013 on Criminal Law - Florida
More details to this question:
a friend and i are being charged with possesion of cannabis under 20 g and para. our court dates comming up and we would like to know that if one of us claimed possesion of the marijuana would the other lose the charges? and would the one who claimed possesions convictions be worse or would they stay the same? this is both our first criminal offense and were just trying to figure out how to make the best of the situation
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5 ANSWERS

Appellate Practice Attorney serving Orlando, FL at Robert J. Buonauro, P.A.
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the state should drop the charges against the other one.  first offender possession will not make big difference to the one who pleads guilt or no contest. 
Answered on Jan 14th, 2013 at 3:15 PM

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Civil Litigation Attorney serving Port St. Lucie, FL at Thomas R. Garland, P.A.
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No. They can still prosecute both of you base on the theory of constructive possession. That is, both of you knew what it was and that it was within the "dominion and control" of both of you. For example, if you're both in a car and the drugs are found in the console. If your case is located between West Palm and Vero Beach, you can contact me at 772.337.1122.
Answered on Jan 14th, 2013 at 1:39 PM

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Two people can jointly possess a drug and both be guilty of the crime. I would not recommend this approach. However, it might be a good defense if the case goes to trial, if you are considering taking the case to trial. It's not enough for the fried to say it was his drugs. Depending on where you were, it might be enough that you had access to it and exercised control over it.
Answered on Jan 14th, 2013 at 10:15 AM

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Criminal Law Attorney serving Bartow, FL
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There is no clear-cut answer.  First, in Florida it is possible for two or more persons to be charged and convicted of possession of the same illegal drugs -- i.e., Florida law covers "joint", as well as "constructive" possession.   It is possible to get convicted under Florida law even if the drugs were not physically located on the person/s charged.  However, the state must have some way to show who possessed, owned, or controlled the drugs.  It is not necessary for the state to have direct evidence to show proof of possession, ownership or control.  The State may show proof by "circumstantial" evidence.  Also, it is not necessary to be the owner, be in "actual" possession, and be in control of the illegal substance.  The State may show any of these forms -- including the use of "constructive" possession.   It is possible, under some set of circumstances, that the state may not be able to develop sufficient proof against any of the persons charged.  There is no Florida statute of which I am aware that automatically, by statute or operation of law, increases an individual's potential maximum penalty merely because he/she admitted or confessed to being the owner, possessor, and person in control of the illicit substance -- and claimed the other person had no knowledge or possession of it.  However, that does not mean that the state (if it thought a defendant were lying about the other person's involvement -- but just couldn't prove it) would not take that into consideration in any plea offer -- or that the judge would not take that into consideration in deciding what legal sentence to impose.  Also, a person who is caught lying (even about another person's involvement), under certain circumstances, could be charged with perjury. 
Answered on Jan 14th, 2013 at 9:35 AM

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NOt likely - the other party will be charged with "constructive possession"  in that both of you knew or should have known the drugs were present, therefore, you both possessed the drugs.   Caution - know your friends and leave the scene if your friends are carrying drugs on their person or in their car, home, etc.
Answered on Jan 14th, 2013 at 8:15 AM

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