Someone I know has had a great deal of trouble with a child that is addicted to heroine. She recently decided to start buying the heroine for the person because she said it was “cheaper to buy the heroine than to keep bailing him out of jail”. So what problems could this sweet grandmother type senior citizen face for do this?

What is considered aiding and abetting?

A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support.

Is aiding and abetting a felony or misdemeanor?

Punishment and Sentencing for Aiding and Abetting a Crime. If you aid and abet another person during the commission of a crime, you may also be referred to as “an accessory before the fact.” … Finally, “accessory after the fact” is a crime in itself, punishable as either a misdemeanor or as a felony.

How long do you go to jail for accessory?

Federal laws state that the penalties for an accessory to a felony are not to exceed half of the maximum prison time or fine that the principal receives. If the principal receives a death sentence, the accessory may be incarcerated for up to 15 years maximum.
The penalty for aiding and abetting (Complicity) under Ohio law is the same as the penalty for the principal offense. Aggravated Robbery under Ohio law is a First Degree Felony carrying a prison sentence of 3 to 10 years and a fine of up to $20,000.

Can you get charged with aiding and abetting?

Aiding and abetting is a serious crime, but there is a less severe charge you may face if you helped somebody else commit a crime. You could be considered an accessory after the fact as opposed to being charged for aiding and abetting.

What makes someone an accomplice?

Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery.

Therefore it would appear that our “enabling” grandma would be smart not to go along when the drugs are purchased. It would also appear that she should consider a little tough love and a rehap program instead.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

With marijuana possession becoming legal in many states, people might become careless about being around marijuana, or worse yet, driving around with it. What they don’t realize is that the penalties for possession in Florida can be significant, and you could lose your drivers license, among other things.

In Florida, possession of less than 20 grams of cannabis is a first degree misdemeanor, with penalties that include jail, probation, and a driver’s license revocation. Marijuana possession is a highly defendable charge.

“Actual” possession means that the cannabis is in the hand of the person accused, or is in a container in the hand of a person, or is so close as to be within “ready reach,” and is under the control of the person accused.

Mere proximity to a controlled substance such as cannabis or pot or weed is not sufficient to establish control over the substance when the substance is not in a place over which the person has exclusive control.

“Constructive” possession means that the controlled substance is not on the physical person, but is in a place over which the defendant has control, or in which the defendant has concealed it.

In order to prove constructive possession, the prosecution must establish:
1. the defendant’s dominion or control over the controlled substance, and
2. the defendant’s knowledge that the controlled substance was within the defendant’s presence.

If a person has exclusive possession of a substance, such as cannabis, knowledge of its presence may be inferred or assumed. However, where more than one person has access to or is near the contraband, knowledge and control must be established by independent proof.

In constructive possession cases, proof of “dominion” and “control” requires more than the mere ability of the defendant to reach out and touch an item of contraband.  Thus, even where drugs are found in plain view, the evidence will be insufficient to establish constructive possession unless there is evidence that the defendant actually exercised dominion and control over the drugs.  Mere proximity to a controlled substance, such as marijuana, is insufficient to establish constructive possession.

One of the harshest aspects of Florida’s marijuana possession laws is that, to obtain a conviction, the State is not required to prove that the defendant knew of the illegal or illicit nature of the substance possessed.  Knowledge that a substance was present is sufficient to support a conviction.

The amendment to Chapter 893 means that, even though a defendant may not have known of the nature of the substance, the burden rests with the defendant to prove this lack of knowledge.

Under Florida law, it is possible for two or more persons to be in “joint possession” of a substance, such as cannabis, if the premises where the contraband is found are occupied by multiple persons. However, to establish “joint possession,” knowledge of the presence of the substance and the defendant’s ability to exercise dominion and control over the substance must be established by independent proof.

The penalties available for a marijuana possession charge will depend on the amount of cannabis at issue. Where a defendant is found in possession of less than 20 grams, the offense is classified as a first degree misdemeanor, with penalties of up to one year in jail or one year probation, and a $1,000 fine.

Other Consequences

A conviction for misdemeanor marijuana possession will result in a one-year driver’s license revocation, in addition to a likely term of probation.

If a probationary sentence is imposed, the defendant will be subjected to intrusive random drug testing and be responsible for paying costs of supervision, court costs, fines, costs of prosecution, and completing all other terms and conditions imposed by the court.

A word to the wise is sufficient. Be sure the people you know who might have a tendency to possess marijuana are aware of the consequences.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.