Tampa Criminal Defense Lawyer - Clearwater Marijuana Possession Attorney

Possession Principle #1
Always ask to speak with an attorney immediately.

Possession Principle #2
You are Always Inncocent until proven guilty by the Government. The Government's burden is to
prove you guilt beyind and to the exclusion of every reasonable doubt. This is typically
considered 95% certainty. Remember, reasonable doubt is defined as any doubt that is
reasonable. Noty just any doubt.

Possession Principle #3
There are 2 types of possession, actual and constructive. If you are charged with actual
possession then your only hope is that the police did not have a valid reason to search you.

Possession Principle #4
Constructive possession consists of 3 elements: (1) you had 'dominion and control' over the
marijuana; (2) you knew about the marijuana; and (3) you knew what the marijuana was. The
Government must prove all three elements beyond a reasonable doubt.

Possession Principle #5
Police often threaten to arrest everyone in the car if unless one person admits to the possession
and takes the fall for everybody. In exchange, the police offer to not arrest the offender, but
issue a notice to appear in court. Not admitting to the possession and frcing the police to arrest
everybody usually makes a bad case for the Government. Without an admitting statement, the
police often have no case.

Possession Principle #6
Never consent to a voluntary police search of your person, car, or home. Never sign any
paperwork agreeing to any kind of search. Do not let the police scare or trick you into letting
them search. Tell them to "GET A WARRANT!!!"

Possession Principle #7
Always ask for a lawyer at the scene of the arrest. The police are not allowed to ask you any
questions once you have asked for a lawyer. Just like on T.V., anything you say can and will be
used against you in a court of law. The police sometimes appear to act as your friend with
promises of leniency in exchange for cooperation. Don't be fooled. Never speak to the police if
you are under arrest or are about to be arrested. Nothing you say will help. The hole will only get
deeper.

Possession Principle # 8
Your Miranda Warnings typically begin with the phrase - "You have the right to remain silent,
anything you say or do can and will be used against you in a court of law..." The police only have
to read you these rights if (1) you are under arrest or detained and (2) they intend to use the
statement against you in court. Failure to read you these rights does not get necessarily get your
case dismissed. It may if the entire case against you is built on your own statements.