Could the Police Arrest Me If I am Riding in a vehicle Which Contains Marijuana?
To be convicted under Florida Statute 893.13 (Possession of a Controlled Substance), the State ought to demonstrate beyond a reasonable doubt that you possessed and had knowledge of the marijuana. To have means to have personal charge of or perhaps exercising the right of ownership, management, and control over the point possessed. Possession may be actual or constructive. Actual possession is a concept – in the hand of yours, in a planting container within your hand, on the person of yours, or within ready reach and in the power of yours. If an individual has exclusive possession of a controlled substance, knowledge is inferred. Issues of constructive possession tend to be more complicated, however.
to be able to establish constructive possession of marijuana, the State ought to prove that you’d (one) dominion and control over the marijuana, (two) understanding that the marijuana was within the existence of yours, and (3) understanding of the illicit nature of the marijuana. A typical issue in contention is whether you had control and dominion with the marijuana. If the vehicle in which the marijuana is identified is in joint (no pun intended), rather than your exclusive possession (i.e. you’re the passenger in a vehicle), awareness of the existence of the controlled substance in the automobile and your ability to keep control with the controlled substance will not be inferred.
In laymen’s terms, in case you had been foolish enough being caught riding in a car or truck where a bag of marijuana was positioned in plain view of the middle console, the State would really need to demonstrate that you had “control” with the marijuana, and not simply “knowledge” of the marijuana. Although not specifically defined, control stands out as the capacity to shoot, use, own, (or perhaps smoke) the marijuana without getting authorization from someone better. Mere proximity to the marijuana isn’t adequate to establish control when the marijuana isn’t in the extraordinary control of yours. Possession could be joint (two or more people might exercise command of the cannabis) but only when both individuals have control with the marijuana.
To prove control and dominion, the authorities are going to have to watch you possessing, concealing, or even breathing in the marijuana or if you make any incriminating statements admitting ownership of the marijuana. Notwithstanding the above mentioned factors, the police cannot impute the ownership of the marijuana to you just since you are in a vehicle that has marijuana. Thus, do not make any incriminating statements to the police with respect to ownership of the marijuana. Regardless of what the authorities promise you (i.e. we will not arrest you if you admit ownership), do not acknowledge ownership of the marijuana. Furthermore, try to remain calm – don’t make any quick or furtive actions that would lead the police that you are stressed or perhaps trying to conceal the marijuana. In addition, do not smoke the marijuana in the vehicle. It’s frequently tough to deny ownership when you and the car reek of marijuana.
On an aside, in the event you still decide to drive in a car or truck which contains marijuana, be sure the marijuana is hidden (outside of basic view), preferably in the trunk or even locked compartment. At a minimum, don’t depart the marijuana in plain view of the core console or even ashtray. Furthermore, don’t keep some paraphernalia (pipe, rolling papers, etc.) on the person of yours.
Last but not least, although the authorities should not arrest you for possession of a controlled substance if they cannot show constructive or actual possession, it does not imply that the police will not arrest you anyways. The police routinely arrest car loads of college pupils where marijuana is situated within a vehicle, best cbd oil no matter if they can’t pinpoint who exhibited control and dominion. At that time, it’s crucial to contact an adventure criminal defense attorney to analyze the specific facts of your case and file the appropriate Motions. Possession of even 1 g of marijuana is punishable by as much as one year in jail and/or twelve months probation along with a possible 2 year driver’s license suspension. Don’t plea out the case of yours without speaking to an experienced criminal defense attorney.
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