Central Florida – cocaine possession

Get Legal Help Today

 Secured with SHA-256 Encryption

Central Florida – cocaine possession

In Lakeland, Polk county Florida my wife was arrested for cocaine possession after finding out her passenger threw a small bag of cocaine under the passenger seat. My wife has NO criminal history, **** use or otherwise, her passenger lied told the police that my wife handed her the **** to get rid of. Both were charged with possession and jailed, how can two people be charged with possession of the same bag? My wife does not do drugs; we went today to an independent **** testing facility to have urine and hair testing done to prove that she is not a user, recreational or otherwise. I doubt

Asked on April 17, 2009 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If she has no criminal history, the police simply arrested both and chalk one up to him.  It happens more than you.  You need to immediately hire counsel for her and if she prevails, think about suing the police for unlawful arrest.  Here is the issue -- she was arrested because her "passenger" wouldn't fess up and lied -- so not for the police to decide.  Why was your wife stopped in the first place?  Did police search the vehicle based on permission? Or were they both arrested for another reason and then search incident to a lawful arrest occured? You were smart to get both hair testing and urine done. 

Immediately hire a criminal defense attorney.  Try www.attorneypages.com, the Florida state bar or legal aid.

Now, in term of the law: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0893/SEC13.HTM&Title=->2008->Ch0893->Section%2013#0893.13

 

893.147  Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia.--

(1)  USE OR POSSESSION OF DRUG PARAPHERNALIA.--It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia:

(a)  To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or

(b)  To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.--It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used:

(a)  To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this act; or

(b)  To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this act.

Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.--

(a)  Any person 18 years of age or over who violates subsection (2) by delivering drug paraphernalia to a person under 18 years of age is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  It is unlawful for any person to sell or otherwise deliver hypodermic syringes, needles, or other objects which may be used, are intended for use, or are designed for use in parenterally injecting substances into the human body to any person under 18 years of age, except that hypodermic syringes, needles, or other such objects may be lawfully dispensed to a person under 18 years of age by a licensed practitioner, parent, or legal guardian or by a pharmacist pursuant to a valid prescription for same. Any person who violates the provisions of this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  TRANSPORTATION OF DRUG PARAPHERNALIA.--It is unlawful to use, possess with the intent to use, or manufacture with the intent to use drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport:

(a)  A controlled substance in violation of this chapter; or

(b)  Contraband as defined in s. 932.701(2)(a)1.

Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5)  ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 3, ch. 80-30; s. 1, ch. 81-149; s. 54, ch. 83-215; s. 1, ch. 85-8; s. 223, ch. 91-224; s. 16, ch. 2000-360.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption