QUESTION

Why am I the only one charged for the drugs found in a room I shared with other people?

Asked on Jan 28th, 2015 on Criminal Law - Florida
More details to this question:
Drugs were found in a bag of clothes in a room I live with two other women.
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3 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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I need to know all the facts in order to answer this question, not just what you have written.
Answered on Jan 29th, 2015 at 4:12 PM

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You can be charged with possession under two separate theories. The first is actual possession, meaning that they found the drugs on your person. The second theory is constructive possession. In a constructive possession case, the state has to prove that you knew that the drugs were there and that you had the intent and ability to exercise dominion and control over the drugs. Many times the police do arrest everybody who is present and let the courts sort it out later. I cannot tell you why the police did not arrest the other two individuals. However, if the police have reason to believe that the drugs found in the bag were yours and yours alone, there is no requirement that they arrest anybody else. This seems like an interesting case as you have Fourth Amendment issues as well as what seems to be a lot of circumstantial evidence. Remember that the law makes no distinction between direct and circumstantial evidence. ?You can be convicted on circumstantial evidence alone. Under Florida law, you must file all motions to dismiss for lack of probable cause prior to your arraignment or those motions are waived. Your arraignment is typically 21 days after your arrest. The sooner you hire an attorney, the better off you are.
Answered on Jan 29th, 2015 at 4:11 PM

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Criminal Law Attorney serving Orlando, FL
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In order to give you an answer I would need additional information. Were the drugs found in a drawer with your belongings? Did you indicate that the drugs were yours? Were the other people who share your room in the room with you? Give me a call and I will be happy to discuss your issues.
Answered on Jan 29th, 2015 at 4:11 PM

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