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What happens if I'm issued a summons for marijuana possession?

Tampa, FL |

I'm 18 and this is my first offense. the police found it in my apartment and it was only about 2.5 grams. I complied with them and did what they said and they didn't take me to jail, but they said id be sent a summons in the mail. what happens now?

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Attorney answers 4


You were probably given a notice to appear. You will have to appear in the county court to face the 1st degree misdemeanor of possession of pot. You must go to court. It is best to hire an attorney.



will there be a trial? what will happen at court?

Robert Jason De Groot

Robert Jason De Groot


First there will be an arraignment, at which you are informed of the charges, and at which you must plead not guilty. The court may appoint a public defender to represent you also. Then there will be pre-trials, usually every month until the case is resolved or goes to trial. You need an attorney to see if there is a valid motion to suppress which can be made. Hire one in your area.


You will have to appear in court to deal with the case. Make sure you continue to check the clerk of court website under your name to make sure you have the right court date. Failure to appear in court will result in a warrant for your arrest. You may qualify for pre-trial diversion which is a program that if you successfully complete will result in a dismissal of your charge. Understand that if the state is seeking a conviction or an adjudication of guilt against you, you will lose your driver's license for a period of two years.

This is not intended to be an attorney-client relationship and is my opinion only. Consult with a local attorney for additional advice.


You should either have been given a piece of appear that would include your court date, and that document is called a Notice to Appear. If you did not get that, then what the police are doing is sending it to the state attorney's office for a recommendation to file formal charges. They may have felt at the time of the initial detention that they couldn't definitively tie the marijuana to you and therefore are leaving it up to the state attorney to decide. It is important at this stage to get an attorney to talk with the State attorney to see about dropping the charges. Once they file it becomes more difficult to drop charges. if you do nothing, then you will be kept in limbo for weeks, months, maybe years to see if they end up filing charges. Feel free to contact me if you wish.


Was their entry into your home lawful? You should hire
an attorney to review the discovery and make that determination. | The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

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