Orlando, FL asked in Criminal Law for Florida

Q: My fiance of 5 years, that I live with was arrested for having my prescription medication on him.

He is my main caretaker and I was with him. Can I show the courts that it was my prescription and they will drop the charges ?

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2 Lawyer Answers
Jonathan Blecher
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  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: If your attorney can proffer a reasonable explanation to the prosecutor it's possible. If the medication was not in it's prescribed container (like the bottle from the pharmacy), that's a misdemeanor. However, if the medication is a controlled substance, it will take some convincing. What if your fiance went to the Rx to pick up your meds for you? That would be a much easier pill to swallow for the prosecutor.

Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: And, of course, we don't know what justification the authorities may have had for searching the fiancé. If they didn't have probable cause the evidence could be excluded.

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