Long Key, FL Criminal Defense Law Firms & Lawyers

Were the drugs found close to him? He could be charged with constructive possession if they were not found on him, but close to him. Regardless, it appears he will need an attorney for a potential VOP.

Depends on many factors. The burden of proof on a probation violation is only by a preponderance of the evidence, while the BoP on a new charge is beyond a reasonable doubt. Even if the state cannot make the case BRD, a judge could find sufficent evidence by a preponderance.

The warrant requirements in Florida are very fact-specific. The officer's application for the warrant and the warrant itself has to be specific regarding the items to be seized and the areas to be searched. These details would have needed to include the basis for searching the house and specifically your room, especially if it was made known to law enforcement that you were renting a separate room in the house and had no dealings with the others. The fact you were paying rent separately is a helpful fact if it was made known the law enforcement at the time. A copy of the warrant and the officer's application should be available as part of discovery in your case. I highly recommend you contact a local defense attorney to review the warrant and make any available legal argument to have the items suppressed as evidence in your case.