Lake City, FL asked in Criminal Law for Florida

Q: Can I get into trouble for a roommate using drugs when I'm not living at the apartment but I have stuff at the apartment

I'm the lease signer and he is my father

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1 Lawyer Answer
Zachary Justin Cantor
Zachary Justin Cantor
  • Criminal Law Lawyer
  • Fort Myers, FL
  • Licensed in Florida

A: There are two types of possession in the law in Florida in relation to contraband (illegal items): constructive possession and actual possession. The type of possession you are talking about is constructive possession. Constructive possession is a difficult charge for prosecutors when the contraband is actually the defendant's - so in the scenario you present where it's a constructive possession charge related to items that were always the belonging of a roommate it would generally be highly unlikely that the roommate would have something to worry about.

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