Possession Charge Defense Strategy

Summary

The dropping of a grand theft charge may weaken the prosecutions case for a related possession charge, but each charge is assessed individually. Potential defenses include arguing a Fourth Amendment violation if the search lacked proper basis and demonstrating lack of knowledge or control over the backpacks contents. Repeated police interactions without new evidence could be seen as harassment. Consider requesting body cam footage through Floridas Public Records Law and consulting with your appointed counsel for a robust defense strategy.

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My friend and i borrowed another friends car to go home. He ended up calling the cops and she got charged with grand theft auto and possession of a controlled substance. As part of the "investigation," a backpack was searched that one of the cops located a few feet from the passenger side of the car and some fentanyl was allegedly discovered, as was my ebt card. I was charged with possession of a controlled substance. Today my friend who owned the car dropped the charge for the grand theft. This took place in brevard County Florida. Should my possession charge be dropped, because if not for the car, they wouldnt have had any reason to be there investigating in the first place? Or because the backpack wasnt in the car at all? Do i have any defense if i take this to trial? Or what would you advise me to do about this case?
****, here are some points to consider regarding your situation:
- Fourth Amendment Violation: You may argue that the search was illegal if it didn't have a proper basis.
- Constructive Possession: You must show you had no knowledge or control over the backpack and its contents.
- Dropped Charges Impact: The dropped grand theft charge might weaken their reason for the initial search.
Have you discussed these points with a lawyer to explore potential defenses?
If they drop my friend's possession charge, shouldn't they also have to drop mine?
****, the dropping of your friend's possession charge doesn't automatically mean yours will be dropped. Each charge is assessed individually based on evidence and the circumstances. However, you may have a stronger defense. Have you considered discussing this with a local criminal defense attorney in Brevard County to explore all potential defenses?
If my main charge that led to a second offense at same time get dropped if my initial does
****, the dropping of your initial charge doesn't automatically mean the second charge will be dismissed. Each charge is evaluated individually based on its own merits and evidence. However, the dismissal of the initial charge could potentially weaken the prosecution's case.
Have you consulted with a criminal defense attorney in Brevard County to discuss this further?
I have been appointed regional conflict counsel. My arraignment was cancelled and i was scheduled for early resolution. Given the facts you know about this case, what do you think the prosecution is feeling so far as taking this case to trial?
****, the prosecution might be feeling uncertain about taking your case to trial due to the following reasons:
- Dropped grand theft charge weakens their initial reason for investigation.
- Questionable legality of the search.
- Potential weak evidence of constructive possession.
Have you discussed your defense strategy with your appointed conflict counsel?
Not yet. Can you lay out a defense strategy for me?
****, here are some potential defense strategies for your case:
- Fourth Amendment Violation: Argue the search was illegal without proper basis.
- Constructive Possession: Demonstrate you had no knowledge or control over the backpack and its contents.
- Dropped Charges Impact: Highlight that the dropped grand theft charge weakens the initial reason for the search.
Discuss these points with your appointed counsel to formulate a robust defense.
Following this incident, the day i was bonded * officers came out to the camp where i live claiming they were coming to check out the reason the car was there (this was the same car reported stolen for which i had just been bonded from jail), claiming they had no knowledge of the earlier incident regarding the same vehicle. And my arrest was at the same place as well. They immediately read my rights, cuffed me and my boyfriend and asked to search us and question us. Does this behavior constitute police harassment? Let me add that when they left, the male cop said he'd be back the next night to search again.
****, this situation could potentially be seen as police harassment, especially if the officers had no valid reason to search you and your boyfriend again. Here are some points to consider:
- Repeated Interactions: Multiple interactions without new evidence or cause may indicate harassment.
- Threats of Future Searches: Statements about returning to search again could be seen as intimidation.
Have you documented these interactions and considered discussing them with your appointed counsel?
Not documented but how do i go about getting body cam footage and dash cam footage from both incidents to have some sort of proof?
****, you can request body cam and dash cam footage through a public records request. In Florida, you can request this under the Florida Public Records Law (Chapter *, Florida Statutes).
Ask your appointed counsel to assist you with this process. Have you requested any records from the police department yet?
Not yet. Should i contact internal affairs about this last incident?
****, contacting Internal Affairs can be a good step if you believe there was misconduct. Here are points to consider:
- Document Everything: Write down all details of the incident.
- Public Records Request: Obtain body cam and dash cam footage.
- Consult Your Counsel: Get advice on how to proceed.
Have you gathered any evidence or witnesses that could support your claims?