An arrest does not establish guilt. If you believe you were wrongly accused, preserve evidence and obtain advice about the specific charge rather than relying on the belief that the mistake will correct itself.
Being near a crime
Being a passenger in a car where police find drugs does not automatically prove possession. The state must establish the required knowledge and control for an actual or constructive possession charge; a shared space can raise disputed factual questions. Likewise, shopping with a person who steals does not automatically make a companion an accomplice. Participation and the elements of the charged theft or related offense must be proved.
Practical steps
Follow lawful directions, do not resist, and ask for counsel before discussing allegations in detail. Identify witnesses, preserve messages, receipts, location information, and video leads through lawful means. Write a timeline while memories are fresh. Do not contact witnesses to shape their accounts or delete anything. Give the information to counsel so it can be investigated and disclosed appropriately.
Review the charging document, release conditions, and hearing dates. Counsel can challenge identification, knowledge, control, or the legality of a stop and search, depending on the facts. No defense guarantees dismissal. Roy J. Kahn, P.A. handles Miami criminal defense matters.
This is general information, not legal advice.
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