Possession of a Controlled Substance
Florida has very strict laws on possession of controlled substances. It is important that a knowledgeable criminal defense attorney analyzes your case and identifies any possible defenses.
When a vehicle is jointly occupied, evidence of mere occupancy is not enough to convict someone of possession of drugs found in the vehicle. In order to convict a person of constructive possession, the prosecutor must prove that 1) the person knows of the nature of the drugs, 2) the person knows of the drugs presence in the vehicle, and 3) the person has the ability to maintain control over the drugs. If the state cannot prove all three elements beyond a reasonable doubt, a person cannot be convicted of possession.
Sholtes Law is located in Fort Pierce, Florida, and serves the entire Treasure Coast. Contact our office today if you or a loved one has been charged with a drug offense.
Victim of Domestic Violence or Imminent Danger
An injunction for protection against domestic violence is a remedy for someone who is either the victim of domestic violence or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of an act of domestic violence. This is a very serious issue in society. If you are a survivor of domestic violence, Safe Space is a non-profit organization that can provide you services, including free legal representation at an injunction hearing.
A judge will issue a temporary injunction if it appears from the facts in the Petition that the Petitioner meets the requirements for the injunction.If the temporary injunction is granted, the Respondent will not be permitted to contact the Petitioner and will have to surrender any firearms in his or her possession. The Respondent could also potentially be prohibited from returning to his or her residence, to see his or her children, and may even face employment consequences.
Once the temporary injunction is granted, the court must schedule a hearing within 15 days for the final injunction. It is at this hearing that both parties must present all of their evidence to defend their relative positions. Any witnesses should be subpoenaed to appear at the final hearing to give live testimony. A domestic violence injunction can have a significant impact on any related family case or criminal case. As always, consult an attorney before making any decisions in important matters like these. For more information on the final hearing, click here.
NOTE: The information we provide in this blog is not legal advice and should not be interpreted as such. This blog is not a substitute for legal advice and must not be taken as such.