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FAQ: Can Two People Be Charged with Joint Possession?

Why did they arrest both of us, there was only one bag of a controlled substance?

This is a scenario played out across Pinellas, Polk, Pasco and Hillsborough county daily. The situation usually plays out like this – two people, generally young men, are driving in one vehicle. They are pulled over and the police find marijuana, cocaine, Xanax or something illegal substance, including prescription pain pills, in the middle of the car or center console. The police arrest both people in the car and charge both people with either possession or depending on the amount, trafficking, in the illegal substance. Neither passenger admits to the drugs and both people are charged with possessing or trafficking the same drugs.

Florida courts have recognized a theory or idea of “joint possession.” This theory results in two or more people being able to possess one or more items. Unfortunately, Florida prosecutors have used this doctrine to charge countless residents of Tampa, Bartow, Clearwater and New Port Richey with possession and/or trafficking a number of illegal substances.

If you or someone you know has been charged with possession or trafficking of an illegal substance, contact the Tampa criminal lawyers of Hackworth Law for a free consultation to discuss your pending charges, potential defenses and maximum penalties. We have handled thousands of criminal charges throughout the entire Tampa Bay Area.  We offer free case consultations.  If you would like to contact one of our Tampa criminal lawyers immediately, please either use our “contact us now” tab in the upper right hand corner of our website or use our free chatbox in the lower right hand corner of our website.  Thank you for taking the time to check out our blog and wee look forward to hearing from you and working with you.  Remember the State is already working on your charges, it’s time to get us working on your charges.  

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