Bradenton, FL asked in Criminal Law for Florida

Q: Will my fiance win his appeal. he was driving a car that does not belong to him and the officer found drugs

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2 Lawyer Answers
Craig A. Epifanio
Craig A. Epifanio
PREMIUM
Answered
  • Criminal Law Lawyer
  • Seminole, FL
  • Licensed in Florida

A: It is impossible to answer your question. There are way too many variables. Furthermore, even if it should be a clear winner, an appeal may not mean the person wins, because an appeal is an appeal of the law as applied to the facts. Judges may interpret things differently so even if I knew all the facts, a judge could still rule against your fiance.

Kevin J. Pitts Esq.
Kevin J. Pitts Esq.
Answered
  • Criminal Law Lawyer
  • Daytona Beach, FL
  • Licensed in Florida

A: I agree with the previous post. Drugs in a rented or borrowed car is a defense but it is not an absolute defense. It is possible that someone rented or borrowed a car to buy or sell drugs or had no knowledge of the drugs. The facts and the way the issues are preserved for appeal along with the grounds for the appeal would all play a role. Also the court determines the law until or unless a higher court reverses the ruling. An attorney can tell you how the law has been interpreted but the only way to find out how a court will rule is to allow them to rule. The defense attorney on the case would be in the best position to advise you about the case.

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