My stepdaughter was recently charged with the following: 893.13.6a (Drug Poss. of Controlled Sub. w/o Pres.) & 893.147.1 (Drug Equip. Poss. &/or Use). From what I've been able to find (not sure of authenticity) is that for the 3rd degree Felony (893.13.6a) she will receive 16 pts on the sentencing guideline score sheet. I cannot find the points for the 1st degree Misdemeanor (893.147.1). Please correct me if the following is wrong.
-Up to 5 yrs prison
-Up to 5 yrs probation
-If convicted, lose driver's license up to 2 yrs
-Up to 1 yr jail
-Up to $1,000 fine
So potentially at worse case scenario (assuming the Judge doesn't want to elevate punishment), she'd be looking at 6 yrs prison, $1,000 fine, and loss of DL for 2 yrs during or after release?
I realize she may also be given no jail/prison time as well. I am just trying to prepare myself for the worst case so that I can determine budget allocations for her while incarcerated.
She faces a low end of probation to a high end of 6 years incarceration, up to 6 years probation, $6,000 in fines, a permanent criminal conviction and a mandatory driver license suspension.
That said you are asking the wrong question.
Rather than focusing on penalties the question that you should be asking is "now that my daughter got arrested how can I help her to beat or mitigate the case?", and in that regard I strongly urge you to HIRE A LAWYER (caps intentional).
Wishing your daughter luck and hoping that I have been helpful in answering your question.
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Mr. Haber has nailed it! You are wise to carefully consider and follow his advice. Good luck.
Note: The judge cannot elevate punishment beyond what the statutes allow. He can sentence everything consecutive, but cannot add time to the maximums you have already discovered. Good luck to you both.
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.
I have to strongly agree with Mr. Haber, you are asking the wrong question! Your stepdaughter's future is at stake! The most important thing you can do for her is to hire a good criminal defense attorney to defend her aggressively. A criminal record will follow her for the rest of her life. So, she needs an attorney to zealously research every aspect of her case for any potential defenses and or negotiations with the State for a good outcome and to protect her record. I am a local attorney with an office in nearby Mary Esther, FLorida, please give me a call.
not intended as legal advice and this answer does not create an attorney/client relationship.
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