I Threw a Bag of Drugs Away While Running From the Police: Can I Still Be Charged?

Many suspects toss bags of drugs while evading police. At the time, it might seem like a way to avoid drug possession charges in New Port Richey. But what if police find your drugs and charge you anyway? Can you push back against these charges? How can police prove that you tossed the bag that they found on the street? These are common questions among drug defendants, and an experienced Pasco County Criminal defense attorney may be able to answer them.

Tossing Drugs Should Not Lead to Additional Charges 

If you’re running from the police and you toss your drugs, you will not face additional consequences. In other words, the penalties should be the same whether you kept your drugs in your pocket or disposed of them. If you’re in a car and you throw your drugs out of the window, the same general rules apply.

In other jurisdictions, courts could interpret this as “evidence tampering.” However, courts in Florida have held that merely disposing of drugs is not a criminal act in and of itself. In order to face additional charges, you would need to alter or destroy the drug evidence in some way.

Note that if you run from the police, you could still face a charge of “fleeing and eluding.” This is a third-degree felony in Florida, whether you tossed your drugs or not.

What if No One Saw Me Drop the Drugs? 

You might encounter a situation in which police accuse you of dropping drugs without actually witnessing you tossing anything. For example, you might run away from the police and turn down an alley. If you drop a bag of drugs in a trash can without anyone seeing, police may still search the general area after catching you. If they look inside the trash can and find the bag of drugs, they might attempt to argue that you must have dropped it while you were running.

However, an experienced defense attorney may be able to help you push back against these allegations. If no one else saw you running down the alley, then it might be difficult for prosecutors to prove you were the one who dropped the drugs. You might be able to argue that someone else could have tossed the bag into the trash can instead. This is only one example of a potential defense strategy in this situation.

Get Help From a New Port Richey Drug Defense Lawyer 

If you face drug possession charges in New Port Richey, you should probably get in touch with an experienced criminal defense attorney. While some drugs may lead to lesser penalties than others, it always makes sense to avoid criminal penalties if possible. Tossing your drugs might lead to additional charges, but it could be difficult to prove you ever possessed the substances. Contact Athanaselos & Associates, P.A. to get started on a defense strategy.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1935.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0918/Sections/0918.13.html