“Those are not my drugs”

Aiken and O’Halloran SW Florida Experienced Criminal Defense Attorneys Ft Myers 239-334-8890 Sarasota 941-366-3506 All Counties in Florida: 941-366-3506


The police hear that all the time and never believe it. The problem is, some of the time it is really true. What happens if a bunch of teenagers are in a car and it get pulled over. The second the police lights come on, and the car is pulling over to stop, anyone who has drugs on their person immediately either tries to throw them out the window, swallow them or stash them somewhere in the car. When the police search the car and find some weed, some cocaine or some pills, generally, everyone get arrested, particularly the driver. The truth is, the drugs belonged to one person but several get charged. The same thing happens when the police execute a search warrant on a house, a dorm room or an apartment. Everyone goes to jail even though only one person actually had the drugs. This is what is known as constructive possession. These possession cases can be won by a good criminal defense attorney.
Here in Ft. Myers and Cape Coral, the police routinely arrest everyone in the car or house. Their theory is to let the Courts work it out and figure out who is guilty and who is not guilty. We handle drug possession cases all the time. Many times these cases can be dropped before they ever reach the Court system if a good lawyer gets involved. The prosecutors know the law and if the facts are presented correctly to them the case may get “declined” before it ever reaches a courtroom. Knowing the law, how to present it, how to argue it can make the difference in a case going forward or getting dropped. Getting a case dropped is no easy matter. Good investigation is the key. Was there a police car video? Did the police detain the driver or passengers too long? Was a drug dog involved? Was the car or house illegally searched? Where was everyone sitting or standing? Does one person have a previous arrest for drug possession? Is one of the people arrested an addict? Where were the pills or cocaine found? Did someone else put it there?
Do not count on the Public defender to get your case dropped. It may be weeks or months before the Public Defender even gets the police reports. You may sit in jail for weeks before even seeing a lawyer. Do you have a friend or relative in jail? Do you know how long they may sit before a lawyer even comes to see them? Privately retained lawyers, particularly the attorneys in our firm do not sit on cases. We make things happen. Some lawyers who set up long payment plans may be tempted to go slow until they get paid in full. At our Lee County criminal defense firm we try and bring things to a head as quickly and as professionally as possible. Call us at 239 334 8890 for a free consultation