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  1. #1

    Default First "Possession" Charge

    I was recently a back-seat passenger in a vehicle that was approached by an officer. We were smoking marijuana, which the driver of the vehicle admitted was theirs. That was the only marijuana in the vehicle. In the driver's statement she admitted the pot was hers, yet I was still charged with possession. Is it legal that we were all charged with possession of that one blunt? Furthermore, there were open containers in the vehicle, none of which were located near me. There was a 23 year old in the passenger seat who had purchased the alcohol. I was then charged with possession of alcohol under the reason that I smelled of an alcoholic beverage. The report dictates that post Miranda I admitted to drinking in the vehicle, which in reality the officer only asked what I had had to drink before our rights were read. Also, pre-Miranda I admitted to smoking, can that be used against me in court? This case is open in FL, this is my first offense. Should I fight these unsubstantiated charges or just accept a pre-trial intervention program? Any advice would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,389

    Default Re: First "Possession" Charge

    The charges are not unsubstantiated. Whether you would prevail at trial or not is something only your attorney can tell you.

    However, keep in mind that possession does not require ownership. and unless you are in a stretch limousine, alcohol in any part of the vehicle is accessible to anyone in the car - same with the marijuana "blunt". And if the officer smelled alcohol or weed on you, and you admitted to smoking and drinking, then it's pretty much done.

    But, you can go to trial and argue that you never made these admissions and that the marijuana was not yours. It might work - who knows? I am not familiar with FL law on the issue, so they may define possession more strictly than they do out here.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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