There are many scenarios wherein panicked people “toss the drugs” – when they are being chased by police, when law enforcement is at their door, when they fear they are about to be searched. What we are obliged to inform you as criminal defense attorneys is that if you make any attempt to tamper with evidence under Florida law (which is essentially what “tossing the drugs” is in these scenarios), you would be facing a third-degree felony charge (up to five years in prison) for this alone, per F.S. 918.13.
It really is often a bad idea, and you’ll likely never hear an ethical Broward criminal defense attorney give you the green light to “toss the drugs,” – whether for yourself or a loved one.
However, the outcome of a 1999 case of Stanton v. State, wherein a conviction for cocaine possession was overturned, is worth a mention in this context. Continue reading