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It's not mine! What to do if the drugs don't belong to you

Police officers rarely take people seriously when they hear the phrase, "It's not mine!" If you are charged with possession of a controlled substance that is not your own it can feel like someone pressed the mute button. Possession charges can affect your potential college, career, and family; therefore you should understand your rights within Florida law to protect your future.

The direct possession of a controlled substance can result in a misdemeanor or a felony depending upon how the drug is classified and how much was found. If a friend has their drugs in or around your property then you can still be charged with constructive possession, which can result in equally harsh penalties. Constructive possession means:

  • Knowing about the existence of the illegal drug
  • Having control over the illegal drug

In court a prosecutor would have to prove that you knew of the controlled substance and that you could gain physical possession of the substance. For example you saw your friend stash their marijuana in your glove compartment before an officer pulled you over.

Can two people be charged for a controlled substance?

It is also possible to be charged with joint constructive possession if the substance is not your own. Joint constructive possession happens when a group of two or more people is charged for the same substance. Let's say that you and your roommate live in a house together where an illegal drug was found in the living room. In this case both you and your friend could be charged with joint constructive possession.

Can I prove that the illegal substance is not mine?

If you live alone at home or in a vehicle with the possession of an illegal substance then it can make a defense more difficult. It is hard to prove that a friend left the substance in your car or apartment earlier that week. Your case can be stronger if you are found with a controlled substance in a space with lots of people. For example finding a controlled substance under the car seat in a vehicle full of people or in the living room at a party can build a better defense. You can ask a prosecutor for definite proof that the substance belongs to you and not someone else. With the help of a skilled attorney it is possible to fight constructive possession charges.

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Sutton Law Group, P.A
7721 SW 62nd Avenue | Miami, FL 33143
Phone: (305) 667-4481 Toll Free: (800) 375-5497 Fax: (305) 666-2118
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