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I need help with a weed possesion charge less than 20g 3rd time / never been convicted.

Miami, FL |

I just got a PTA for.. 1 misdemeanor count of possesion of canibus. I have been arrested 3 times for this same charge before...but never convicted. I have read the statutes and see that I'm facing a year in jail... That was enough for me to put this down for good this time.

The three previous results were:
1. Dec.2007 - Nolle pros / court opt
2. Feb.2008 - WH ADJ W/FINE & COST
3.Jun.2011 - Nolle Pros Comp PTI (had a lawyer)

1.) What should I be expecting I'll take anything, can not afford a(n) adjudication/conviction,. 2.) 'm not the jail type and I have to stop doing this to myself.. What do i do / expect on my court date? 3.)How much would I expect to spend on an attorney if i absolutely need one?

All charges have been the same, and all charges including this one (except the first one) have been over 10 to 20 dollars street value They rolled up on us with their windows up (i was in a public parking lot of a residence) they got out of the car and said they smelled weed, and who had it. we all remained silent and did not consent to a search, but apparently in florida if they say the smelled it, its probable cause. it was not in the open, or even being smoked when they came. while i waited in the backseat i a was able to see the complaint was because we were drinking, but didnt not see the full complaint to be able to know whether smoking was included in the complaint.

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Attorney answers 6

Best Answer

Go to arraignment first and see if they will give you diversion-not likely. If they don't, then call my office to fight the charge.


You could probably still get Pre Trial Diversion "PTD" in Miami-Dade for cannabis at arraignment or a withhold. Give me a call if you need help with his I have handled a lot of these cases. 305-209-0384

Please note that this response is based upon the limited information available in the question. In addition, it is not intended to create an attorney/client relationship and is offered only as general information and not as legal advice.


You should definitely retain an experienced criminal defense attorney. If convicted you are facing up to a year in jail and a mandatory 2 year driver's license revocation. You may have viable legal defenses that should be explored. An experienced attorney can investiagte your case and advise on how to proceed. It may also be possible to avoid the adjudication and jail time but this will not happen on its own without the efforts of an attorney. As far as fees go - they vary based on the skills, experience and reputation of the attorney.

An attorney/client relationship is NOT established simply by virtue of The Law Offices of Evan M. Kleiman, P.A. answering any questions herein. Such a relationship will only be established by a formal agreement between the parties.


I will answer the last question first. You absolutely need a great local lawyer down there who can navigate you through the system. If you are convicted you will lose your drivers license for up to 2 years believe it or not! As far as jail, it is always a possibility but I believe highly unlikely. As the other lawyer in Miami stated you may have some great options so do yourself a favor and get one to represent you like last time!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.


You do have a prior that was sentenced but you had adjudication withheld. The prosecutor this time will probably be much more interested in adjudicating you guilty since you already have a prior withhold and 3 prior arrests. Of course, the facts of your case are just as important, if not more important, than your history. A case with a strong defense puts you in much better negotiating position. Without knowing the facts as represented by the State, it is impossible to say what you are likely to face.

You most certainly do need an attorney, the price of which can vary greatly in Miami.

This is not to be considered legal advice nor does an attorney-client relationship exist.


You need to hire a criminal defense attorney ASAP. Your prior criminal record will affect the prosecutors position on settlement. Get Counsel!

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..