A 33 year-old Florida man was found with a bag of cocaine hidden between his toes while he was being booked into St. Lucie County Jail, after being arrested and charged with aggravated battery. The suspect, who claimed the drugs did not belong to him, was charged with possession of cocaine and with smuggling contraband into the detention facility.
According to Florida drug possession laws, just being physically close to a contraband substance does not conclusively establish that the suspect either knew about or had the ability to control them. When drugs are found under the seat in a car, for example, all of the occupants in the car would be arrested. In the absence of other evidence of guilt, however, the charge would be subject to dismissal.
Florida drug possession laws
Florida drug possession laws are complicated and so is the task of defending oneself against drug charges in Florida. The suspect in this particular case could have a hard time convincing a judge and jury that he was unaware that the cocaine was hidden between his toes or that he was not in control of them. However, he may have an excellent claim that he did not intentionally introduce the contraband into the jail. It was, after all, not his plan to go to jail. The charge of simple possession is significantly less serious than the introduction of contraband charge under the score sheet used by the court in calculating a sentence. Further, the accused may be drug court eligible for the possession charge, but not for the introduction charge. A successful defense here requires the help of a qualified and knowledgeable Pt St Lucie criminal attorney such as Jeff Garland.
Legal expertise in Florida drug possession law defense
A successful defense in this case requires the skills of a drug possession lawyer who knows the ins and outs of search and seizure techniques, the different levels of possession (actual, joint or constructive), the intricacies of “C-4” motions to dismiss, and the availability of diversion programs.
Jeffrey H. Garland a Port St. Lucie criminal lawyer has been involved in successfully defending these cases:
* Federal Methamphetamine Conspiracy – Cell phone records were used to secure dismissal of charges. The records proved that the accused was not present for drug negotiations and sale.
* Mandatory 25-year heroin case dropped – A mandatory 25-year State prison sentence and $250,000 fine were avoided thanks to the drug possession lawyer’s detailed knowledge of the law. Mr. Garland uncovered DEA reports that proved that the accused was only giving a ride to another guy who was charged in federal court. The State prosecutor had failed to disclose the exculpatory evidence which was held by the federal investigators.
* A probation violation was dismissed because the defendant’s positive urinalysis resulted from the lawful use of marijuana in the State of Colorado. He actually possessed of a Medical Marijuana Registry Card, which permitted to buy and use marijuana in that state. Therefore, the restriction against use of “illegal” drugs because the pot was lawfully used according to Colorado law.
If you or someone you know has been involved in a similar situation, contact a Port St. Lucie drug possession lawyer at Jeffrey Garland P.A. at jgarland@treasurecoastlawyer.com<mailto:jgarland@treasurecoastlawyer.com> or telephone us on (772) 489-2200.