WOW. You need to spend your time seeking counsel from the best criminal defense attorney you and yours can afford. You need to prepare an effective defense so that maybe you don't have to worry whether your sentence is above average, below average, or just about right.
You need to retain a criminal defense lawyer in your area ASAP to defend you on these serious charges. Good luck.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
I agree with Mr. Jones, you definitely need the best criminal attorney you can find and, while I'm not a FL attorney, you're probably not looking at jail time but serious prison time.
If I had to tease out the elements of the situation, I wouldn't worry too much about less than an ounce of marijuana and some paraphernalia (unless you are still on active parole and under community supervision), but I'd definitely be VERY concerned about the "felon with a gun" and "second offense" part of the charges.
I'm sure you realize that's a big "no no" and you're looking at some serious time there, and may need to look into defenses (such as the search and how the gun was found, etc., so that the evidence might be suppressed). Get an attorney, and best of luck.
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You will have a hard time with any judge, look up the word sociopath. You do not seem to want to live by the rules imposed in this society and the judge will probably look at you as a danger to the community.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
The marijuana and paraphernalia charge are the least of the worries. The felon in possession, under Florida law, could be a three year minimum mandatory, if in actual possession. If in constructive possession, no minimum mandatory, however, can carry up to 15 years. Also, the defendant may be eligible for enhance,nets under Habitual Felony Offender.
Watch put, they could take Federal. I practice in Federal Court in the middle district of Florida, as well as all state courts.
The biggest issue is how they found the firearm. You need to hire someone ASAP.
I agree with Mr. Chandler. The paraphernalia and marijuana charges are not to be worried about nearly as much as the gun charge.
The maximum sentence on that is 15 years. There is a minimum mandatory of 3 years if it is considered o be actual possession; that is, if it was on the defendant's person.
The "average jail time" depends very much on the person's scoresheet, a listing of all of their prior convictions. It also depends on the prosecutor assigned to their case. With at least a prior gun charge you are likely looking at a number of years in prison.
Get an attorney. Keep your mouth shut. Listen to your attorney.
There may be defenses to the charges that can help a lot.
Many attorneys, including myself, offer free consultations. I practice in Ocala in both state and federal court.
The Law Office of Thomas Almquist
901 NW 8th Avenue, Suite C-7
Gainesville, FL 32601
You're definitely looking at prison time, and you need to hire an experienced criminal defense attorney now to assist you with this matter. As Mr. Chandler notes, there are several issues that relate to how severe the consequences may be and you need the facts with your attorney, and only your attorney, not your mom, your girlfriend, or anyone else.
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