Possession of marijuana is a common
drug offense due to the prevalance of homegrown marijuana in Miami-Dade County (for more
information, read my blog entry on marijuana grow houses).
Possession of marijuana may only be a misdemeanor, but the State of Florida
does not take drug crimes lightly. Aside from the possible jail time,
probation time, and fine, the State will suspend your driver's license
for 2 years if you are adjudicated guilty (convicted) of this offense.
This is very important to know because at the bond hearing, the judge
will almost always offer you a plea to close out your case immediately.
If the judge offers you "credit for time served," this is an
adjudication. Such a plea will suspend your driver's license.
I am a
criminal attorney who handles marijuana possession cases in both Miami and Broward. Also,
as a former Miami prosecutor, I have handled, and even tried before judges
and juries, marijuana possession cases.
The first thing I do when I get a new marijuana possession case is look
to see the facts of the encounter with the police officer. Obviously,
the client was arrested, so there was some sort of interaction with the
cop. How did the cop find the suspected marijuana? Did he or she have
a right to search you or your car?
With marijuana possession cases, most of the officers making these arrests
are street cops. They are not narcotics detectives or veteran law enforcement
personnel who know how to properly obtain a search warrant, or how to
lawfully execute a search. In fact, a good number of marijuana arrests
occur due to an officer encounter over a traffic violation. A cop sees
you speeding or maybe your window tints are too dark. They pull you over.
Then somehow, they find what they suspect is marijuana. How the officer
came to find this suspected marijuana is vital to your defense. If the
officer did not have a right to search you or your car, the marijuana
can be suppressed, and the criminal charges will be dropped.
For first-time offenders, however, you may be eligible for Pretrial Diversion.
Call my office to discuss your eligilibilty, and how you could benefit
from this program. Most of my clients who accept Pretrial Diversion are
able to successfully complete their classes and conditions in a short
period of time. This will result in a dismissal of all charges, and then,
if you are
eligible to have you record sealed or expunged, I will begin the process of clearing the arrest.
Other options may be a withhold of adjudication (which will not suspend
your driver's license), and court costs with no probation or fine.
Other options may be available, but each case is unique and requires individual
consultation.
Contact me, a criminal defense lawyer who defends clients charged with marijuana
possession in both Miami and Broward. I offer free consultations by phone
or in person, by appointment, to all prospective clients.
Furthermore, this blog entry deals with possession of marijuana less than
20 grams, which is a misdemeanor. Possession with intent to sell, or possession
over 20 grams, are
felony crimes. I represent clients charged with felonies, yet those cases require
different approaches as every felony exposes a client to possible prison
time. Still, if your charges are misdemeanor or felony, please call my
office to discuss your matter.