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What happens if you leave your purse at school and cocaine is found inside of it? / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Girl with no criminal record leaves purse unattended in comp lab at school with drugs, is searched by staff and given to police. My girlfriend with no criminal record left her purse unattended in… Scroll down to read more!

December 5, 2014 / Michael A. Haber /

Q:     Girl with no criminal record leaves purse unattended in comp lab at school with drugs, is searched by staff and given to police. My girlfriend with no criminal record left her purse unattended in the “Math Lab” at Santa Fe College. She came back about an hour later to find that it had been taken by the staff, who told her she could go to the on campus police station to retrieve it. She walks to the police station and is apprehended by the police there, who tell her that cocaine was found in her bag (about .1-.2 of a gram). Flustered, she tells the police she was holding it for a friend. She is handcuffed and taken to the Alachua County Jail. This happened today and she is going to court at 9am tomorrow. What should be done to avoid felony charges? She has no past criminal record and is an A-B student with Bright Futures scholarship. What would be the smartest course of action to proceed with tomorrow?

A:    
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/girl-with-no-criminal-record-leaves-purse-unattend-1522396.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Criminal Defense Attorney – Miami, FL

Contributor Level 20

8 lawyers agreed with this answer

Alberto Marino Quirantes Jr.
Alberto Marino Quirantes Jr.
Criminal Defense Attorney – Miami, FL
Christopher Robert Dillingham II
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL
Jonathan Burton Blecher
Jonathan Burton Blecher
Criminal Defense Attorney – Miami, FL
Timothy England Moffitt
Timothy England Moffitt
Criminal Defense Attorney – Naples, FL
William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL
Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Michael T Warshaw
Michael T Warshaw
Litigation Lawyer – Red Bank, NJ

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Lawyers agree
Answered . Regardless of her statement that “she was holding it for a friend” (which is proof of knowledge and intent to possess a controlled substance – the essential building blocks of a possession charge) based upon the rest of your proffered fact my guess is that she will almost certainly be charged with a 3rd degree felony for possession of cocaine. This is not to say that she cannot deny making the statement (if in fact she did not make it and you are incorrect in your belief that she did so) or that there may not be any of a number of defenses available to her, but it is to say that based solely upon your proffer she will likely face charges. 

As for the process from here, tomorrow morning she will be taken before an initial appearance Judge who will read the arrest affidavit, almost certainly find probable cause and will then either grant her a bond or release her on some form of non-monetary pretrial release. Under no circumstances will the case end tomorrow. 

Afterward the State will review the file and make its own determination as to whether or not a crime was committed and whether or not there is a good faith basis to file charges. In the interim, your girlfriend should be meeting with experienced G-ville area criminal defense lawyers to begin to plan her defense and litigation objective. It is also possible that an experienced criminal defense lawyer may be able to persuade the State that it does not have a case, but, if what you have proffered is true, then I would not hold out much hope on that front. Still, she should have that discussion with someone who has the benefit of reviewing her police report and an opportunity to evaluate her version of events. 

If the case is filed then she may be eligible for some form of diversion, but not being a G-ville lawyer I cannot comment on the likelihood of that outcome. However, whether she is diversion eligible or not, she may have a problem with either her academic institution (which may or may not have some student code of conduct policy that was offended) and she may also have a problem in regard to her scholarship; and these are two more reasons that she should be meeting with an experienced G-ville area criminal defense lawyer asap. 

I hope that it all works out for her. Its a shame but these things can and do happen. There is no 4th Amendment violation. Search and recovery of a seemingly abandoned bag is entirely constitutional (and objectively reasonable). 

For more on the 4th Amendment issues please see my Avvo Legal Guide at:http://www.avvo.com/legal-guides/ugc/encounters-detentions-and-arrests–a-guide-to-understanding-4th-amendment-seizures-of-persons

I hope that this has been helpful and wish you the best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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