Marianna, FL asked in Criminal Law for Florida

Q: Charged for crime which friend in car committed.

I drove friend home because she was unable to drive, pulled over and contraband found inside vehicle, already had probable cause for pulling us over, and conducting a search. cases are separate, and friend already took guilty plea. I am still being charged with same crimes which friend plead guilty to in her case. the contraband was friend's, and the car was not mine. friend has long history of similar charges. need to know which motion can be filed, since motion to suppress has to be for an illegal search, and no trial has been scheduled yet?

Related Topics:
1 Lawyer Answer

Andrew Lawrence Moses

Answered
  • Criminal Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: This is a constructive possession case. The government is trying to argue that although you did not have actual possession of the contraband, you had the ability to exercise dominion and control of the item(s). It is not a situation where a motion is going to get a case dismissed. You need an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.