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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I have a question about credibility of a case. Was charged

Customer Question

Hi i have a question about credibility of a case. Was charged with distrubution of marijuanna the evidence is me meeting up with a friend at his home before he distrubuted to a ci. Only evidence is i was at the same house that night no words were spoken beteeen me and the ci and nothing was given from me to her or her to me. Whats the credibility of this case standing up in court.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I look forward to assisting you.

Under Section 893.13(1)(a), Florida Statutes, it is unlawful for a person “to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance,” such as cannabis (marijuana).

A violation of this section can be classified as a second or third degree felony, depending on the nature of the substance involved. Possession of cannabis (a Schedule 1 substance) with intent to sell, manufacture, or deliver is classified as third degree felony, punishable by up to 5 years in prison.

To prove possession of a controlled substance with intent to sell, manufacture, or deliver, the prosecution must establish the following three elements beyond a reasonable doubt:

  • The defendant possessed a certain substance with the intent to sell, manufacture, or deliver the substance;
  • The substance was a controlled substance as defined in Section 893.03, Florida Statutes;
  • The defendant had knowledge of the substance.

Under Florida drug possession statute, the term “sell” means to transfer or deliver something to another person in exchange for money or something of value, or a promise of money or something of value. “Possession” means that an accused had personal charge of or exercised the right of ownership, management, or control over the thing possessed.

Based on the facts you provided, there's nothing here to suggest you had intent to distribute anything. There was no transfer or delivery of drugs or money. Granted, there may have been large amounts of drugs and/or money at your friend's house, but this seems like a case of being in the wrong place at the wrong time. Unless there were admissions made by you to the police, or you are being directly implicated as an accomplice by your friend, there's nothing to go by here (and even an accusation by your friend can be challenged and would need to be supported by evidence).

You should definitely consult with a defense attorney before your court date (many offer free or low cost initial consultations), but this sounds like a matter where a lawyer could file a motion to dismiss and argue there was no probable cause for even an arrest to be made.

If you need clarification or additional information, please REPLY, and I'll be happy to assist you further. Thank you.

Expert:  RobertJDFL replied 11 months ago.

If I may be of further assistance, please REPLY and I'll be happy to assist you. Otherwise, kindly remember to leave a positive rating (4-5 stars) if finished asking questions about this matter as that is the only way experts on this site are compensated for our time, even if you have previously left a deposit. It costs you nothing extra, and remember that you can reply with follow-up questions after accepting the previous answer at no additional charge. Thank you.

Expert:  RobertJDFL replied 11 months ago.

Do you need any additional information or clarification about this answer? If not, I would kindly ask that you leave me a positive rating (3-5 stars) as that is the only way experts on this site are compensated for their time and expertise. Thank you very much.

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