if someone just so happen to ride up in your yard on a bike and ask you for a litter & police is passing by at the some time

you not knowing that the person has **** in his mouth and when he leaves your yard the police stops him and he tell the police that you gave him the crack. what are my rights if both of us is smokers (cocaine users) what are my rights for that accusation

Asked on June 28, 2009 under Criminal Law, Florida


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Florida, here are my initial impressions.  Although you have only stated that you have been "accused," I am going to assume for the purposes of this advice, that you were actually charged and arrested with some sort of possession or intent to sell based upon the bike rider's accusation.  The bike rider's accusation was probably sufficient for the police to establish probable cause to arrest you for this type of crime.  However, the fact that you did not actually give him the drugs would constitute a defense.  Therefore, did anyone else witness your interaction with the bike rider, and would that person/people be willing to sign a sworn affidavit stating that you did not give him any drugs?  Of course, with respect to your rights, you have a right to competent legal counsel, whether it is a private attorney or a public defender, and these, as well as any other potential defenses (such as the unreliability of the bike-rider's statement if he is a known drug user or a convicted felon) should be discussed with your attorney when evaluating the strength of the state's evidence as well as any and all potential defenses that may be available to you.

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