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Can Knowing About Drugs = Conviction for Possession?

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woman on phone.jpgHow many of you out there having had a shady friend at one time or another? None of you? I find that hard to believe. Let me share first. I know a girl that is a habitual cheater, but its the way in which she 'hooks up' that adds insult to injury. She will call her girlfriend on speaker phone just so that her current boyfriend hears the girlfriend's voice. After the phone is taken off speaker, the girlfriend on the other line places a three-way call to her "man on the side". Thus, she makes her rendezvous plans right in front of her boyfriend under the guise of planning to hang with her girlfriend. Women. And, there's also those shady friends who are criminal. What, you don't have a friend in Orlando that smokes weed (possession of cannabis charge, technically)? That sells weed (sale and delivery charge, technically)? How about a friend that offers you a hydrocodone pill to ease your pain (possession of prescription drug, delivery, etc)? Well, for those that do have such friends, what happens when you're hanging out and the police close in. What now? This unfortunate scenario has happened quite a few times here in Orlando. Today's real life example comes from the case of Byers v. State of Florida. 17 So.3d 825 (Fla. 2nd DCA 2009). Byers was convicted of trafficking in a controlled substance (methamphetamine) and carrying a concealed weapon. He went to a jury trial, and lost. On appeal, he argued what most folks argue on appeal--that the trial court should have thrown the case out for lack of evidence. Here's how it went down. Police responded to a motel. Byers was standing outside one of the rooms. For no apparent reason, the police approached Byers and asked if he had any weapons. He stated yes, as his front pocket contained a pair of brass knuckles. Kind of old school, but still enough for these cops to arrest Byers on the spot for carrying a concealed weapon.

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