Legal Question in Criminal Law in Florida

What are my options for being arrested with paraphanelia and cannabis under 20 grams? This is my first offense, never been in trouble before. According to the arrest this was a misdemeanor. Is there a way to get this espunged from my record. I am a college student and am working. Is it better to get a pre-trial diversion?


Asked on 8/03/10, 3:55 pm

1 Answer from Attorneys

Jeanette Bigney Jeanette Dejuras Bigney, P.A.

The most prudent thing to do would make certain the basis for the search, or discovery, of the paraphernalia was proper. If it was improper it may be possible to have the evidence kept out.

For first time offenders, pre-trial diversion may be a good option. You will need to admit wrong doing and waive speedy trial. Upon successful completion the Office of the State Attorney will dismiss the case.

If the case is dismissed you can apply for an expunction. If it adjudication, or conviction, is withheld then you can apply to seal the case. In most cases this is beneficial especially knowing you will be searching in the job market. Make sure you understand the benefit, risks throughout your active case and expunction/sealing.

Best wishes for a successful outcome with your criminal matter.

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Answered on 8/08/10, 4:22 pm


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