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We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

The Name You
Know.
The Name You
Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

Photo of Ian F. Mann

Florida drug possession charges come after backpack emptied

A kindergartener is in the custody of his mother after his father was arrested recently in Florida, after allegedly giving his child drugs to carry. The father is accused of drug possession crimes, including possession of marijuana with intent to sell. He was arrested on May 22.

The father is accused of placing a bag with 89 grams of marijuana in his kindergartener’s school backpack. A scale was also supposedly placed in the sack. It is not known if authorities claim the father intended for the child to carry the drugs away from his home. However, the child apparently took the backpack to Campbell Park Elementary School, where he showed his teacher the contents. School officials then notified Florida police.

The father apparently went to the school to get the marijuana before learning that the school officials were aware of the contents of the backpack. After the discovery, the father left the school grounds. He was later arrested by local police. After his arrest, he asserted that he only used the drugs for personal use and had no intent to sell. The father had just been released from prison, where he had apparently been serving time for drug charges this past March.

Like all who have been accused of drug possession in Florida, the man in this case is innocent unless and until proven guilty. He cannot face punishment for placing the drugs in the backpack if authorities are unable to convince a court that the man did what he has been accused of doing. The standard of proof is beyond a reasonable doubt, a very high burden for the prosecution. By his mere appearance in court in entering a plea of not guilty, the burden for going forward rests entirely on the shoulders of the prosecution.

Source: TBO.com, “Police: Dad hid marijuana in 6-year-old’s school backpack,” May 22, 2012

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