Can a police officer get a possession charge dismissed?

Can a police officer get a possession charge dismissed?

We can ask the judge to throw out any evidence that a police officer secured through violating someone’s constitutional rights. The end result is a dismissal of the charge. For example, consider someone who is driving down the road with a big bag of marijuana in the backseat.

What happens if you get a possession charge in Florida?

Any person convicted of possession of Xanax will also have their driver’s license suspended for one year. In Florida, the most common defense to drug possession charges is the insufficient evidence defense. Simply, each charge has elements that make up the crime that the state must prove to get a conviction.

Can a constructive possession charge be dropped on cocaine?

And if the state can’t prove any one of the elements of a charge, then the state can’t prove the entire charge. Constructive possession is a defense when cocaine or another drug is found in a place to which more than one person had access.

How to get a marijuana possession charge dropped?

A good lawyer will use the search and seizure defense to get the case dismissed. If the officer didn’t have any legitimate reason for pulling over the accused, then the officer acted unlawfully and the evidence of the marijuana, no matter how much is in the backseat of the car, should be tossed out.

Can a passenger be charged with constructive possession?

If you are a passenger in your friend’s car and police find drugs in the passenger compartment, both you and your friend can be charged with constructive possession.

Can a person go to jail for possession?

There might be a possible conspiracy charge here but certainly not possession. A person who is convicted of possession of a controlled substance will not necessarily go to jail, especially if it is his or her first conviction.

When is heroin possession charged as a federal offense?

When heroin possession is charged as a federal offense in federal court, a person who is convicted of a first offense of heroin possession, who has no prior convictions of possession of any narcotic (be they in federal or state court), may be sentenced to not more than one year in prison, fined not less than $1,000, or both.

Can a person be charged with drug possession in a school?

However, an individual charged with a drug possession offense within an area in which a school or educational facility resides within three miles can undergo vastly increased penalties exceeding those latent in standard drug possession charges.