Possession Is 9/10th Of The Law...NOT!
- Category: Justice
- Published: Monday, 16 December 2013 23:12
- Written by Attorney Camara Williams
by Attorney Camara Williams
My wife absolutely loves Law and Order (her favorite is SVU). When watching one the episodes the prosecutor in his closing stated that possession is 9/10th of the law. To which I replied uuhhh not really.
This brings me to my next topic the criminal topic criminal possession.
In Florida there is more to criminal possession than simply having it ones 'possession'. The Prosecution has to prove either Actual or Construction possession. Actual Possession is exactly what it sounds like, when the drugs are found on your person. However, if the item(s) in question was found in a home or vehicle that's occupied by another or is not your own. Then you might have an constructive possession case. There are three elements that must be established (1) Defendant had dominion and control over the contraband (2) Defendant knew contraband was present (3) Defendant knew of the illicit nature of contraband. Mere proximity is usually not enough establish possession.
These can apply to both gun and drug cases. If you are experiencing this legal problem, please do not hesitate to consult an Attorney
The Williams Trial Group, P.A.
Attorney Camara Williams
(Disclaimer- My tips are strictly Florida Law based, and therefore should not be assumed to apply to your local jurisdiction. Furthermore, a tip does not constitute any form of 'legal advice' in regards to any specific situation and does not establish an attorney client relationship. You must consult with an Attorney if you want a specific need and/or question answered.)