Can someone be charged with intent to sell within a 1000 ft. of a park, if the facility was not open at the time?

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Can someone be charged with intent to sell within a 1000 ft. of a park, if the facility was not open at the time?

My fiance was charged with possession with intent to sell within a 1000 ft. of a park but the facility was not open at the time the warrant was served.

Asked on October 25, 2011 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your finance should get a criminal defense attorney if charged with a crime, and your fiance's attorney can and should review the statute and the specific circumstances to be certain; however, that said, normally the fact that the park was closed at the time would not affect the charge. The law makes it an offense to sell or intend to sell within a certain distance of the park--not within a certain distance of a park while the park is open. You have to go by the plain language of the law, not what you think the purpose or intent ought to have been.

Your fiance should not speak to any authorities (e.g. police, prosecutor) until first speaking with the lawyer. Remember, there is an absolute right to remain silent (the right against self-incrimination).


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