If someone was sentences to a 5 year mandatory sentence and one of the two charges is a weapons charge (FEL/DELI W/GUN/CONC WPN/AMMO) but the gun in question was not found on the person when he was picked up can this be an error in sentencing?
Answer
Florida Law recognizes constructive possession. You can be charged with possession of a firearm not actually on your person if the firearm is in a place over which you have control, or in a place in which you have concealed it.
Natalie Hall, Esq
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(407) 412-7035
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