BUSTS 100 ‘most asked ‘ questions CAN I SHARE MY PRESCRIPTION? No. The law makes no distinction between selling your prescription and giving away a single pill. If you transfer possession of a controlled substance to another person, you are guilty of sale or delivery. Never offer to or share…
DRUG BUSTS 100 ‘most asked ‘ questions WHAT IS TRAFFICKING? Possession with the intent to sell or deliver any illegal drug (usually more than a personal use amount) or controlled substance is trafficking. It commonly is understood to mean you have enough of the ‘stuff’ to be “in the business”,…
DRUG BUSTS 100 ‘most asked ‘ questions WHAT IS CONSTRUCTIVE POSSESSION? You can be charged with possession of a controlled substance under the constructive possession theory. Constructive possession means that although the controlled substance is not on your person or within your immediate vicinity, the contraband is in a place…
DRUG BUSTS 100 ‘most asked ‘ questions IS RESIDUE POSSESSION? Yes. Residue is possession. In most state courts they don’t care if there is a trace amount, or a consumable amount of a controlled substance. If it can be chemically identified as a controlled substance, or residue it is possession.…
DRUG BUSTS 100 ‘most asked ‘ questions WHAT IS POSSESSION? To possess means to have personal charge of, or, exercise the right of ownership, management or control over the “thing” possessed. Mere proximity to a thing does not prove possession. There has to be knowledge of its presence and control.…
CRIMES 50 ‘most charged’ crimes defined DRUG CRIMES The state can prohibit entirely the use of particular drugs for which there is both a lawful and an unlawful market, and may exercise broad police powers in regulating the possession of drugs. Controlled substances are divided into five categories, largely according…
CRIMES 50 ‘most charged’ crimes defined BATTERY A battery is an unlawful touching. The state must prove: The defendant intentionally touched or struck the victim against his/her will. A battery may become a felony when the touching causes serious bodily harm.
CRIMES 50 ‘most charged’ crimes defined ARSON Arson is the damage of property by fire or explosion. For it to be a crime the state has to prove: There was damage to a structure or dwelling, caused by fire or explosion. The damage was done willfully, or during the commission…
What Do I Do After I’m Arrested In Miami Florida? This three-part series title: What Do I Do After I Am Arrested in Miami , is a complete run through of the criminal court processes from arrest through final disposition of a Miami criminal case. This Article is Part Three…
CRIMES 50 ‘most charged’ crimes defined VEHICULAR HOMICIDE The state must prove more than a failure to use ordinary care. The state must prove: The victim is dead. The death was caused by a motor vehicle operated by the defendant. The defendant operated the motor vehicle in a reckless manner…