Possession of Marijuana in Florida

My question involves criminal law for the state of: Florida

Ok , yesterday a friend and I was driving around when we drove up on a traffic stop. After the officer took my drivers license, she said she could smell marijuana and asked me to step out of the car.A male officer asked me if i had been smoking because i smell like pot. I answered yes i smoked at my house earlier that day, then asked if there was anything in the car and that as long as i didn't lie, he would let me go, i told him no, then asked if the passenger had anything. I answered No, not that i know of.

Well about that time another officer sees the passenger with his hands in his pockets and tells him to get his hands out of his pockets, when he does he tries to drop a bag of pot, of course the officer sees this and pulls him out of the car. The officer that was dealing with me says " you shouldn't have lied to me". So we both get charged for possession of cannabis under 20grams and poss. of para.(the BAG the pot was in counted as a charge) Taken to jail, booked, had $1008 bond, and of course i was bailed out.

Now my question, when i go to court how should i plea? Not guilty because it wasn't mine, nor was it in my possession?. The officer clearly seen this guy with the pot in his pocket. Is that going to make a difference in court? even if this guy confesses and says it was his and that i didn't know he had it?

I'm 24,married, with 2 children. First time offense. And really don't have the money to get an attorney... Or pay probation for that matter. I have spoken with several people some of wich have been in the same shoes, An almost identical incident happened to a buddy of mine, he told the officer it was his and the other people(including the driver) was not charged for it.

Any advice is much appreciated.

Is your buddy willing to stand up in open court and admit that not only did he have pot but that it was his?

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Quoting jwb142

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My question involves criminal law for the state of: Florida

Ok , yesterday a friend and I was driving around when we drove up on a traffic stop. After the officer took my drivers license, she said she could smell marijuana and asked me to step out of the car.A male officer asked me if i had been smoking because i smell like pot. I answered yes i smoked at my house earlier that day, then asked if there was anything in the car and that as long as i didn't lie, he would let me go, i told him no, then asked if the passenger had anything. I answered No, not that i know of.

Well about that time another officer sees the passenger with his hands in his pockets and tells him to get his hands out of his pockets, when he does he tries to drop a bag of pot, of course the officer sees this and pulls him out of the car. The officer that was dealing with me says " you shouldn't have lied to me". So we both get charged for possession of cannabis under 20grams and poss. of para.(the BAG the pot was in counted as a charge) Taken to jail, booked, had $1008 bond, and of course i was bailed out.

Now my question, when i go to court how should i plea? Not guilty because it wasn't mine, nor was it in my possession?. The officer clearly seen this guy with the pot in his pocket. Is that going to make a difference in court? even if this guy confesses and says it was his and that i didn't know he had it?

I'm 24,married, with 2 children. First time offense. And really don't have the money to get an attorney... Or pay probation for that matter. I have spoken with several people some of wich have been in the same shoes, An almost identical incident happened to a buddy of mine, he told the officer it was his and the other people(including the driver) was not charged for it.

Any advice is much appreciated.

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A lot is going to depend on whether the police report corroborates the story you just told. If they agree with you that the pot came out of your friend's pocket, then you will have a credible argument the pot was not under your control, and you were therefore not legally in possession of it.

But you will need a competent attorney to make that argument for you. You need to cough up the dough for a lawyer somehow.

Your friend's confession, if he makes it, may or may not be considered credible. It may be seen as an effort to protect you. So in my opinion, what really matters is what the police reports say.

You should hire a lawyer and plead not guilty.

I spoke with the guy today that was riding with me, He is going to tell the judge that it was his and i didn't know he had it in his possession. Can't i go to the sheriff's office and obtain a copy of the police report? I was given the charge affidavit and on his and my copy it just says " have in his possession less than 20 grams of cannabis in a plastic bag".
Also one of the officers seen this guy with his hands in his pocket, and seen him pull the bag out trying to hide it. Of course i doubt that officer will be there in the court room(especially since it wasn't even the one who took us in to be booked)

Another concern that has been brought to my attention is the fact that i'm currently on unemployment. I was laid off a couple months ago, i'm a Land surveyor so there is NO work right now. I have been told by a couple of people that this could very well cause my unemployment to stop... Like i said before i have a family, so this could become a very very big problem for me if that was to happen. Is that a court ordered thing for my unemployment to be stopped or what? any enlightenment on that topic would be great.

As for the attorney thing, would it be wiser to try to fight it myself? seeing how if i lose i will probably end up with 6months to a year of probation?? Wouldn't that probably be cheaper than an attorney? Is there really not much of a chance without one? Is there a good chance it might get dropped if i do have one?? I would really really hate to pay for an attorney, only to get the same sentence and have to pay both. Any rough estimates on attorney cost for something of this nature?

I really really appreciate the help. Its hard to find people who will do anything these days without asking something in return, thank you very much.