My aunt used my car to move her son while i was out of town. i got the car back, was pulled over, searched andcharged.....

Asked almost 2 years ago - Lakeland, FL

While I was out of town, there were several others who were in my vehicle. I was pulled over for taking too long to go at the green light (I had wrecked the day before-have proof and was having trouble getting it to go into gear( the police report says that statement was impossible because its a standard- I have proof of it being a manual). Thinking nothing of it i agreed. They brought back to me a bottle ( never seen before) and showed me one tinypill...( report says 59 which I never saw) I told them I had no clue what it was or where it came from. I informed them that my aunt had been using it. the called her and she told them what she takes and what they looked like, that she was in the vehile. Can I get a joa for them not having a strongth case against me?

Attorney answers (4)

  1. Jonathan Hackworth

    Pro

    Contributor Level 16

    10

    Lawyers agree

    Answered . I would strongly recommend you consulting with a Tampa criminal defense attorney. Given the facts of your case, there may be motions to suppress or a (c)(4) motion to dismiss availble, which would significantly strengthen or even eliminate the case against you. It is impossible to estimate the liklihood of the success of these motions without know more about your case, which I recommend you not post in a public forum like Avvo. Consult a Tampa criminal defense attorney immediately, so they can begin investigating your case.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  2. David Lloyd Merrill

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . My colleague is giving you sound advice -- you'd be well advised to give him a call.

  3. Colleen M. Glenn

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . It sounds like a case of constructive possession which is difficult for the state to prove absent admissions. I would get your aunts prescription to an attorney ASAP so they can compare the script to the pills found in the car. If they match up your aunt will need to be listed as a witness. Feel free to contact my office for a free consultation.
    www.colleenglenn.com

  4. Joseph Julius Registrato

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . You definitely need to challenge the evidence. As the other lawyers have suggested, this will require various legal motions to bring the issue properly before the court to be ruled on. However, I disagree with the suggestion by one of the lawyers that constructive possession cases are difficult to prove. Especially because in America in 2012, when you walk into court you are usually presumed guilty until you can prove yourself innocent, which is not the way its supposed to be but is the sad truth.

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