someone ask you for a ride to the store and you not knowing they are making a sell

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someone ask you for a ride to the store and you not knowing they are making a sell

the driver said that he felt uncomfortable and he got out of the car and left the other person in the car and the next thing he saw polices coming from everywhere and the other person was still in the car. the driver had no license but was charged with poss. cocaine w/intent to sell and poss. ecstasy w/intent to sell. why was he charged with the same as the other guy when it was a known fact that the other guy was talking to the police and making the transaction with him.

Asked on June 28, 2009 under Criminal Law, Florida

Answers:

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.  With respect to your first question, it would be necessary to review the police report/warrant to determine the basis that the police charged the driver with the aforementioned crimes.  You said it was a 'known fact" that it was the other guy, however, what are you basing this "known fact" upon?  In order to arrest a suspect for a specific crime, the officers must possess "probable cause" to believe that the suspect committed the crime, and the basis for that probable cause will be stated in the report/warrant.  My guess would be that the report/warrant does not state that it was a "known fact" that it was the other guy; rather, my guess is that the report/warrant states the opposite -- facts that actually support the proposition that the driver committed the crime(s).  Of course, the "known fact" that you state may be used to refute/negate probable cause that the driver committed the crime; however, this should be discussed with the driver's criminal defense attorney while evaluating the strength of the state's evidence as well as any and all other potential defenses that may be available to the driver.


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