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What am I looking at for my first offense for possession of marijuana? Will I receive service hours?

Bradenton, FL |

I was arrested for possession of marijuana. I had about a gram in a baggy in the back seat. The officers found it after they searched the car. I was pulled over for running a stop light but just received a warning but have a court date. What am I to expect?

The car was searched because one of the officers said they smelled marijuana.

Attorney Answers 5


  1. Best answer

    Each county is different. You might have to performe some community service or be on probation. One alternative is a Diversion program. However, let's not forget that you may have defenses. Always consult with an attorney before accepting any offer. Most importantly, if you are adjudicated guilty, you will have a two-year DL suspension. For a free consult, contact my office.

    Contact through this site alone does not establish a client lawyer relationship. This information is not to be used as a substitute for consulting with an attorney. I or any of the attorneys at longwelllawyers would be happy to give a free consultation. Call 407-426-5757. <p><a href="http://LongwellLawyers.com" target="_blank">Longwell Lawyers</a><br /> <a href="http://LongwellLawyers.com" target="_blank">Orlando Criminal Defense Attorneys</a><br /> <a href="http://LongwellLawyers.com" target="_blank">Orlando Family Law Attorneys</a></p>


  2. A first offense Possession of Less than 20 Grams of Cannabis is punishable by a maximum of 1 years in jail and/or $1000 fine. However, the likleihood of incarceration is quite slim. The average sentence for this offense varies around the state, but you are probabky looking at probation, drug testing and community service hours. You could also have your license suspended if convicted but most judges withhold adjudication of guilt on first time possession offenses, so you would not lose your license.

    Also some counties have a drug court ptogram, which if you enter and complete, would result in the charge being dismissed.

    Lastly, why was your car searched? You should consult with an attorney to determine if there may be an evidence supression issue.

    You should consult with an attorney in your area to find out the general policies and procedures in Bradenton and to discuss any defenses you may have. Good luck!

    Karen J Tufte
    Board Certified Criminal Trial Attorney
    772-489-9096
    www.tuftelawoffice.com


  3. Unfortunately, receiving a warning and having a court date set are usually self-contradictory. In other words, it's usually one or the other. This is one of those offenses which is punished to a much greater or lesser degree from area to area. In some jurisdictions for example, you might simply receive credit for time served, although perhaps not for a gram, but I still think that would be the likely outcome in several Florida counties. In other areas, a period of probation during which you will be compelled to seek a drug treatment evaluation and if recommended, as it almost always is, drug treatment on either an in or out patient basis. In this instance, unless a urinalysis reveals other chemicals metablites in your system, I would think outpatient treatment would be much more likely.

    You may have a reasonably good motion to suppress but you need to consult with an attorney and go over the details of the traffic stop in all respects; what occurred after the officers approached the car; what was said to you by the police; are their independent witnesses to the events, etc.

    You need to find yourself a qualified and experienced criminal defense lawyer and begin working on your case immediately as you do not want to jeapordize your right to a speedy trial if at all possible.

    Best of luck,

    Dave Dohner, Esq.

    We are pleased to offer a free thirty (30) minute initial telephone consultation, or, if possible, will attempt to schedule a free thirty (30) minute initial office consultation. Neither this offer of a free initial consultation, nor the mere fact that the initial consultation may have ultimately been conducted, whether telephonically or at our office location, should be construed; assumed; interpreted; or understood by any individual who was granted a free initial consultation for which no consideration of any sort whatsoever was tendered, to have formed or created an attorney-client relationship, or to have created any obligations owed by the attorney or attorney's firm to any individual who was given a free initial consultation, by the mere undertaking of the free initial consultation for which no consideration of any sort was tendered to attorney or attorney's firm. The formation of an attorney-client relationship occurs through the process of negotiation between the prospective parties, the individual seeking legal representation, and the attorney, acting individually, or as an agent of a firm (the capacity in which the attorney is acting shall be disclosed to prospective client, if negotiations for legal representation in exchange for good and valuable consideration are undertaken by the prospective client and the attorney. If agreement is reached by and between the parties for legal representation after the mutually satisfactory negotiation of the agreement for legal representation, and all of its individual terms; the scope of representation to be provided by the attorney to the prospective client has been delineated to the mutual satisfaction of the parties; the manner of payment of good and valuable consideration by the prospective client to the attorney has been determined; and it has been conceded by the parties that all of those factors upon which agreement had been reached by the parties and which were recited herein, had been agreed upon by the parties only after careful consideration and sufficient review of the document styled Agreement for Legal Representation, and after it has likewise been conceded by the parties that each respectively had been presented with the opportunity to have the document reviewed independently by each respective party's personal attorney, or any other attorney of his or her chooosing. If the Agreement for Legal Representation contains terms regarding contingency fee agreement or agreements for payment to the attorney for all or a portion of his or her services and legal representation on behalf of the Client, Client concedes that he or she has been presented with an additional document entitled "Statement of Client's Rights", which is a document created by the Florida Bar and approved for use in matters in which payment in full or part, is tendered by contingency fee agreement. Please note that any commentary or response offered through this site is based on the limited set of facts and background data supplied by the individual framing the question and would in all likelihood require more investigation before a complete response could properly be framed to thoroughly answer the question posed. No attorney-client relationship is, or should be presumed to be, formed through the comments or responses provided to the individual posing the question, as a courtesy, here, through this forum, nor should any other duties or obligations be construed; assumed; or otherwise be inferred to exist and/or owed to the individual who posed the question by the attorney who provided the best guidance possible to said individual under the circumstances presented as they were, including the unreasonable assumption that a full and thorough legal analysis of an individual's situation could be formulated simply based on the minute portion of the entirety of the facts and circumstances surrounding any legal matter, which could in no manner possibly be presented here in such a form which would allow for a thorough analysis, evaluation, or legal opinion to be formed by the Attorney.


  4. Talk to an experienced criminal defense attorney about this matter as soon as possible. While you're probably not looking at any jail time, there are collateral consequences to any sort of a criminal conviction (such as the 2 year driver's license revocation as other counsel have mentioned) and you want to avoid that if at all possible. If you can get into some sort of diversion program that's good, and if you have grounds for a motion to supress which may ultimately be granted, even better. One thing you do not want to do is show up for your initial court appearance and enter a plea just to get it over with. Even relatively minor criminal convictions can have a lasting impact on your life.

    An attorney-client relationship is NOT created by the answering of this question. If you would like to discuss your matter more fully with my office, please contact me to set up an initial consultation.


  5. Most attorneys provide a free case consultation. If you do not have any defenses, and you have no prior (or minimal) criminal record, you are most likely eligible for the county diversion program. This program is similar to probation. You may have to pay a fine and perform community service hours along with random drug tests for a period of time. Should you successfully complete the diversion program, the charge(s) are typically dismissed. IMPORTANT: do not resolve your traffic ticket associated with the charge until you have consulted an attorney to determine whether the stop was legitimate/ legal. With that being said, beware of your time contraints. Do not let your deadline for paying the ticket pass without taking some action or consulting an experienced criminal defense attorney.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

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