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Possession of Marijuana and Paraphernalia in Florida

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  • 03-28-2011, 02:46 AM
    flposs
    Possession of Marijuana and Paraphernalia in Florida
    My question involves criminal law for the state of: Florida
    Me and two other people were riding in a car and we were pulled over, the cops excuse was an out tag light which was actually replaced not to long before. The car smelled like Marijuana, but nothing was visible. The cops questioned all 3 of us and we all denied anything was in the car.

    There was Marijuana under 20 grams and Pipes in the car. When the officer was questioning me, he asked when the last time I smoked Marijuana was, I told him about an hour ago before I even got in the car.

    The officer called in a K9 unit and opened up the car so the dogs can search without asking let alone getting permission to do so.

    There was a pipe in the center console and one under the front passenger seat (4 door sedan) and Marijuana in the front passenger door panel. I was sitting in the middle back seat.

    My arrest papers say, I admitted to smoking Marijuana, but in a check box its stated not under the influence. It also stated that I was sitting behind the front passenger where there was a pipe found under the seat, police cameras will prove I was in the middle.

    All 3 of us were arrested for possession of Marijuana and Paraphernalia.

    Now to the questions:
    Can it help my/our case that the officers decided to take it upon themselves to search the car without permission even though they smelled Marijuana?

    Would it be worth me fighting when there isn't proof that the marijuana or pipes were mine (which neither were) I'll probably get a PD as I cant afford a lawyer.
    (on a side note too, the other two aren't going to testify its not mine as they plan to plea not guilty)

    And could it hurt me by pleading not guilty, going to trial, and being fond guilty (I.E if I plea guilty 6mo probation, and if I plea not guilty then found guilty do jail time)

    Thanks, and questions let me know.
  • 03-28-2011, 08:41 PM
    Mr. Knowitall
    Re: Possession of Marijuana and Paraphernalia in Florida
    Between the smell of marijuana, your admission to recently smoking marijuana, and the dog "hitting" on marijuana, odds are the search will be upheld. Go over the details of the search with your lawyer.

    You're free to argue whatever you want in court. We don't know what the police or your codefendants will say, so we have no way of telling you what your chances are with any given story.

    You can discuss possible plea bargains and likely dispositions with your lawyer.
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