My brother got pulled over last night and hadless than 20 grams and did not arrest him but gave a court date. what should he do?

Asked about 2 years ago - Tallahassee, FL

He was inFlorida and the cop acted like it wasn't that big of a deal the guy that was driving could have got a DUI and he didn't but all he did was give them a court date. Should they plea guilty or not? THey had less than like 10 grams.

Attorney answers (5)

  1. Gwen Cryer

    Pro

    Contributor Level 10

    7

    Lawyers agree

    Answered . I would certainly advise against entering a quick guilty plea, and without the assistance of counsel. Have an attorney review the police report. It was a traffic stop and the circumstances of the stop sound somewhat strange ("could have got a DUI and didn't?), so there may be a Motion to Suppress the stop. Also were the drugs actually on your brother or somewhere in the jointly occupied vehicle? There may be some defenses here, and if not, at least your attorney can advocate for the best possible resolution rather than the first one offered by the State.

  2. John Skyler Riordan

    Contributor Level 17

    5

    Lawyers agree

    1

    Answered . He was technically arrested. The ticket and court date he received is called a Notice to Appear (NTA). In Florida that ticket acts as a physical arrest. He must go to court and is facing a 1st degree misdemeanor of Possession of MJ < 20 grams. He needs a lawyer to help with this.

    John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm... more
  3. Harrison Wesley Poole

    Contributor Level 9

    5

    Lawyers agree

    Answered . I agree with the others in advising that your brother should consult with an attorney. Your brother needs to know all of the consequences of a plea prior to accepting any offer from the prosecution. If your brother is convicted, then his driving privilege will be suspended for two years by the State of Florida. Further, a conviction will be a permanent mark on his record.

    An experienced criminal defense attorney will investigate the case, research the legal issues surrounding any search and seizure, and negotiate with the prosecution.

    Every situation is different and no one should rely solely on information received from the internet. If you have... more
  4. David Richard Damore

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Your brother needs to hire an attorney asap...simple answer

  5. Zachary Michael Ward

    Contributor Level 13

    4

    Lawyers agree

    Answered . In Florida possession of under 20 grams of marijuana is a misdemeanor offense. An officer, when making a misdemeanor "arrest," can choose to take the suspect to jail, or issue a Notice to Appear in Court. Your brother is going to be charged with a misdemeanor drug case. He should not walk in and plead guilty. He should talk to an attorney as soon as possible.

    Just because it is a misdemeanor does not mean it is not serious. I am sure your brother would prefer not to have a drug conviction on his record for the rest of his life. Also, a plea to a misdemeanor possession of marijuana could cost him his driver's license for two years. Have him call a local attorney right away. If the case occurred anywhere near Tallahassee, have him contact my office using the contact information below for a free consultation.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,676 answers this week

3,233 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,676 answers this week

3,233 attorneys answering