Criminal Defense
Since 1993
Since 1993
The “Throw Down” Defense: Why Standing Next to Drugs Isn’t a Crime
By: John Guidry
In Orlando, just being close to drugs may get you arrested. But getting arrested doesn’t mean a conviction is proper, and being near a drug doesn’t make you guilty of possessing it.
“Throw down” cases are common in Orlando. You know the scenario: police roll up on a group of people, someone panics and tosses a baggie, and because the officer didn’t see who dropped it, they arrest the closest person (or everyone).
Let’s take a look at one Florida case that proves why these arrests often fail in court: Isaac v. State, 730 So. 2d 757 (Fla. 2d DCA 1999).
Arrested because you were standing near drugs?
Proximity is not proof. Call John today at (407) 423-1117.
The Case: Two Men, One Baggie, No Proof
In Isaac, the police saw two men standing about a foot apart, passing an object between them.
- The Drop: When the men noticed the cop’s gaze, one of them dropped a plastic baggie on the ground.
- The Walk: Both men then walked away.
- The Honesty: The officers admitted in court that they did not see which of the two men dropped the baggie.
Despite this, Isaac was arrested and convicted of Possession of Cocaine simply because he was standing right next to it.
The Appeal: “Mere Proximity” is Not Enough
The appeals court reversed Isaac’s conviction. Why? Because the State failed to prove he actually possessed the drugs.
1. Actual vs. Constructive Possession Since the drugs weren’t found in Isaac’s hand (Actual Possession), the State had to prove Constructive Possession. This requires proving three things:
- Dominion and control over the drugs.
- Knowledge of their presence.
- Knowledge of their illicit nature.
The Court noted: “Mere proximity to contraband is not enough to establish dominion and control.”
2. The Reasonable Hypothesis of Innocence In circumstantial cases, the State must disprove every reasonable theory of innocence. The Court held:
“To be sure, the circumstances suggested that one or both men possessed the cocaine. At the same time, however, those circumstances did not exclude the reasonable hypotheses that the men found the baggie at that spot and were simply examining it… or that the other fellow brought the cocaine there and was showing it to Isaac.”
Because the officer couldn’t prove Isaac was the owner rather than just a bystander, the conviction could not stand.
John’s 2026 Update: The Law Still Protects You
Note: Since Isaac, the “mere proximity” defense has saved countless clients.
As of 2026, Florida courts are still applying this rule, but prosecutors are getting smarter about trying to find “independent proof” to link you to the drugs.
The “Independent Proof” Trap In a very recent case, Thompson v. State (2025), a defendant tried to use the Isaac defense when drugs were found at his feet in a car.
- The Difference: In Thompson, the defendant admitted to the officer, “I just bought that meth.”
- The Result: Conviction upheld. The confession was the “independent proof” that linked him to the drugs.
What This Means for You:
- Silence is Critical: In Isaac, the defendant didn’t talk, so the police were left guessing. In Thompson, the defendant talked, and it cost him his freedom.
- DNA/Fingerprints: Today, police are more likely to swab baggies for DNA. If your DNA isn’t on the “throw down” baggie, it strengthens the Isaac defense significantly.
Was It Yours, or Were You Just There?
If you were arrested because something was found on the ground near you, do not assume you are guilty. If the police didn’t see you drop it, and you didn’t admit to it, we can fight it.
Call me at (407) 423-1117. Let’s analyze the evidence.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.