Legal Question in Criminal Law in Florida

Re: possession marijuana

I'm not sure you've been charged correctly. It sounds like you should have been charged for Possession of Drug Paraphernalia instead. It makes a big difference, because a conviction for the marijuana allows the court to suspended your driver's license for 2 years!!! There also may be some other issues in your case. I would advise you to speak with an attorney before entering a plea. Please feel free to contact me if you have any other questions. Best wishes.

Re: possession marijuana

Hello:

I received your question. The first thing I want to state is never volunteer such info. to an officer. He/she would not have been able to search your vehicle if nothing was in plain view.

As to the charge, I would not enter a plea, unless the State can prove you had marij. in the pipe, on you or somewhere in the car. You should have legal counsel. Counsel can file for Participation in discovery. This requires the State to give you copies or let you inspect ANY evidence they have that effects your case whether its good or bad for the State. You could prep. docs. and do this yourself, but it's not advisible. Ask for a trial. This would force the State to prove you had possession of less than 20 grams or amend the charge.

If you wanted to enter a plea to poss. of paraphernalia and you have no priors, the State would probably offer a sentence of simply paying court costs, with a withhold of adjudication of guilt. This is important. A withhold is NOT a conviction. If the judge adjudicates one guilty, that is a conviction. Up here, a withhold would be common for a person with no priors. An adjudication could get your drivers license suspended.

One thing not discussed is whether you could ask the court to suppress the evidence. That is, if it was an illegal search, the evidence cannot be used against you. If you properly, without coercion, consented to the search, you would not have grounds to suppress the evid.

'Hope this helps, Tom Rosenblum

Re: possession marijuana

Depending on the county there may be a drug program you can enter. Upon completion the charges would be dismissed. Additionally, there may be a motion to supress, but more facts would be need to determine.9545237774

Goodluck

Bradford