QUESTION
Can i be charged for 1 gram of marijuana found in the passenger seat of my car.
Asked on Dec 11th, 2017 on Criminal Law - Florida
More details to this question:
I got pulled over on 11/23/17 by a sheriff deputy for for failure to make a complete stop and / or not using a signal light. At the time of the deputy pulling me over and after letting me know why she pulled me over and asking for my paper work ( license, registration and proof of insurance). She asked if I had anything illegal in my car and I responded "no". I did however let her know that I jst gave someone a ride and maybe they must of had something and dropped it in my car . she said she smelled marijuana I advised her I did not use drugs so I proceeded to lift both my arm rest and the passenger arm rest up and at the base of the passenger beltbuckel was a bag containing what looked to me to be no more than a gram of marijuana. I was arrested for the marijuana without being given any citation for the initial reason for which I got pulled over . I never admitted to it being mine nore was it found on me. Yes it was found in my car .
3 ANSWERS
1 Award
Yes, you can be charged -- and even convicted -- for 1 gram of marijuana found in the passenger seat of your car. You have the option of proceeding to trial and providing your defense to the jury. Howver, the fact that you indicated to the law enforcement officer that you were aware that someone to whom you gave a ride may have left something illegal in your car does not work in your favor if you proceed to trial. You should discuss that issue and potential defense in more detail with the attorney whom you retain to represent you.
Answered on Dec 12th, 2017 at 8:05 AM
Bankruptcy Chapter 7 Attorney serving Bartow, FL
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Lynn W. Rhodes, P.A. Attorney and Counselor at Law
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There are more issues than the marijuana - it is not necessary to signal if you are not impeding the flow of traffic in any way, if that is why you were stopped. Start there for a motion to dismiss.
Answered on Dec 12th, 2017 at 6:52 AM
Criminal Law Attorney serving St. Petersburg, FL
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Sandefer Law Firm
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Many people do not realize that you can be charged with possession of a drug or a controlled substance without having it on your person. Florida has what are called constructive possession laws. This means that a person is in possession of something if they know it is present and they have the ability to control it.
A good example of this is where someone is stopped for a traffic infraction and on the console between the driver in the passenger is a baggie of marijuana. Because it is visible to both people and either one of them could reach it, both of them can be charged with possessing the same bag. It does not matter who the actual owner is.
However, in that same scenario, if there is nothing visible but there is a baggie of marijuana under the passenger seat or some other substance under the passenger seat, then it is the states burden to prove beyond a reasonable doubt that whoever they charge knew that the baggie was there and knew what it was. If the driver is the only occupant of the vehicle, it is presumed that the driver knows whatever is in the vehicle wherever it may be. This would allow the state to charge someone and then the defense would have to raise the issue of lack of knowledge of the substance. The burden then shifts to the state to prove beyond a reasonable doubt that the person actually knew it was there and what it was.
Answered on Dec 12th, 2017 at 5:05 AM