I am facing my first marijuana possession charge less than 20 g and paraphernalia. what are my likely penalties.
6 attorney answers
You should speak to a local criminal defense attorney about your case. This is a criminal misdemeanor and will leave a record.
Your drivers license may also be suspended for when year if you are adjudicated guilty.
A local criminal defense attorney can find ways of fighting this case or can arrange to have it dismissed. Whatever you do, don't go to court on your own or you may be surprised. As a veteran, you don't need this kind of record. Thank you for your service and my recommendation is that you see a lawyer tomorrow. Consultations are usually free and payment plans can be arranged to fit almost any budgets. At least that's how I do it at my firm. Good luck.
If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly appreciated. Remember, this is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida and there is no attorney client privilege created in this communication. Don't squeal on yourself by making admissions on this public website. Only ask theoretical questions of a general nature for your own protection.
If this is your first offense then it is almost certain that you will be eligible for a diversionary program.
Diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program.
Knowing that, the question now is whether or not diversion is right for you. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion.
The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion.
Please take a look at both Avvo Legal Guide and my YouTube Webisode on Diversion in Florida. They both contain a great deal of information on the subject and should be helpful to you. For your convenience a link to both follow:
Michael A. Haber, Esq.'s AVVO Legal Guide on Pre-Trial intervention / Diversion: What is it and is it right for me? - https://www.avvo.com/legal-guides/ugc/pre-trial-intervention--diversion-what-is-it-and-is-it-right-for-me
Haber PA's YouTube Webisode on Diversion In Florida YouTube Webisode - https://youtu.be/23JAu2eFhcM
I hope that I have been helpful in answering your question.
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You should consult with a criminal defense attorney immediately who can review your file and provide a complete answer and assist you with your case.
In all probability you will be a candidate for diversion. This usually includes a drug evaluation and random screens. Once you complete the diversion the case will be dismissed
I agree with all three attorneys that you should be eligible for a misdemeanor intervention program but it is not an automatic thing. You should consult with a criminal attorney near you and consider hiring one because this can damage your record for years to come if not handled correctly. Most AVVO attorneys offer a free initial consultation and discounts for veterans, call one of us today for an appointment. Good luck.
B. Elaine Jones, Esq.
If it is your first offense you will likely be eligible for the Misdemeanor Intervention Program (MIP). This is a diversion program that if successfully completed will then allow the charge to be dismissed. I would recommend that you consult with and retain an experienced attorney in the Tampa area to assist you with this matter. I wish you the best of luck.
If you find my answer to be helpful or the best answer, please make sure to mark your choice. **COMMUNICATION ON THIS SITE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP.**