04/14/2024

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Lack of Criminal Intent in Drug Cases

When law enforcement conduct a targeted visitors end and locate a baggie of white powder in your car or truck, main you to get charged with drug possession, you cant argue that it is a mistaken identification, that the person who was powering the wheel of the car or truck exactly where the medication ended up observed and whose name and picture are on the drivers license you showed to the cops was not you. If they located two Adderall products in the glove compartment, you can argue that you have a valid prescription for Adderall, but that protection doesnt operate if the drugs are a dwelling-packaged bag of white powder. If the powder exams beneficial for heroin, your defense that you have a prescription for it will slide flat, given that heroin is a Schedule I managed compound, which signifies that health professionals simply cannot lawfully prescribe it. You are not in substantially greater form if the powder turns out to be a mixture of cocaine, fentanyl, and everyday residence elements the two drugs are Agenda II, but in a medical environment, cocaine is only authorized for topical use, and fentanyl is typically administered as a transdermal patch. In both circumstance, the medicines are only supplied to hospitalized sufferers no doctor ever prescribed fentanyl and cocaine so sufferers could travel around with it in powder sort. A improved defense might be deficiency of legal intent, indicating that you did not possess unlawful medicine on intent. For support formulating an productive lack of legal intent in your drug possession situation, make contact with a Florida drug offenses legal professional.

Methods to Display Absence of Felony Intent in a Drug Possession Situation

Absence of felony intent indicates diverse points in response to distinct prison costs. If you are currently being billed with a violent crime, you are claiming deficiency of felony intent if you say that you acted in self-defense. In theft instances, absence of criminal intent usually means that the legal operator of the allegedly stolen house gave you permission to consider it. The pursuing cases represent lack of felony intent in drug possession instances:

  • You did not know that the medicine were being in the car or truck (or household or jacket, etc.) where by the law enforcement discovered them. This defense could perform if you ended up driving anyone elses car when the police observed the medication, or if anyone else had lately borrowed your vehicle.
  • If you are remaining accused of illegally possessing a controlled substance that is out there by prescription, you can argue that you have a valid prescription for the drug.
  • You are maintaining or transporting the medication underneath duress. The only reason the medicine are with you is mainly because someone threatened to assault you or report you to the police if you did not keep or transport the medicines, so you only did it to steer clear of actual physical injuries or phony legal accusations.

Dependent on the situation, you may perhaps be capable to prove lack of legal intent by witness testimony or exhibiting your prescription or your text information exchanges at demo.

Get hold of FL Drug Defense Team About Drug Cases

A Central Florida felony defense attorney will support you utilize an suitable protection approach these as deficiency of prison intent. Get in touch with FL Drug Defense Team in Orlando, Florida to explore your situation.

Resource:

nacdl.org/Write-up/January-February2011-InsideNACDLIntentionallyWitho

By
FL Drug Protection Team
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