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Can i be prosecuted on a possesion of marijuana charge but they never found no drugs, only empty baggies?

Miami, FL |

miami dade officers conducted a search in my home without a warrant and found empty parafernalia baggies and charged me for possesion of marijuana. it was a personal family problem going on with missing items and police were involved and they had searched my room with out a warrant or reasonable suspiciousions that i would have marijuana or other drugs. they found empty baggies and arrested me for possesion of marijuana and put in me in a drug abuse program.. i tested positive in my program and they had said if i fail i violate the program/probation and go to court. i want to know if i can fight in court to drop the case when miami dade officers didnt have a warrant or reasonable suspiciousions to conduct a search in my room and charge me for baggies but no marijuana? 4th amendment

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Attorney answers 3


Yes but you will need an attorney.

David R. Damore, Esq., Damore, Delgado, Romanik & Rawlins, Daytona Beach, FL, (386) 255-1400. Mr. Damore is a former Volusia and Broward County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.


There certainly seem to be 4th Amendment issues, but you need to hire a good criminal defense lawyer to fight those issues for you. Call around and I'm sure you'll find several who offer free consultations. You'll need to sit down with them and provide all the facts so they can make appropriate motions, etc. as they see fit. Good luck.


Potentially, yes. You need to go consult with an attorney as soon as possible. If you can not afford one ask that one be appointed to represent you and make sure you set an appointment with them immediately so he/she can research any potential motions will need to be filed on your behalf. Good luck and I hope everything works out for you.

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