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  1. #1
    Join Date
    Nov 2010
    Posts
    2

    Exclamation Caught With Under 20 Grams Marijuana in Florida

    My question involves criminal law for the state of: Florida

    I'm not sure what details to include in the post involving me actually being cuffed, but:

    I was "arrested" for possession of under 20 grams of marijuana. I was pulled over for "having a licence plate light out", not a tail light, but a licence plate light. They asked me if I had in drugs in the car, I told them yes. Completely honest and up front with the officers the entire time. I told them where it was at, and they cuffed me, sat me in the back of the cruiser, and he let me go afterwards. I have to wait for my court date in the mail.

    Bag weighed out to 4.8 grams. I was only charged with possession, but they could have charged me with possession of paraphernalia. I had some GB bottle caps laying around the car they found and set on top. I was high, but I don't know if the officer could tell. Did not get charged with driving under the influence or anything.

    I know what the maximum sentence for a 1st degree misdemeanor in Florida. What I would like to know though is what I may be actually looking at. I have no prior charges for anything. Will they definitely take my license away because it was found in my car? Also, do some judges give less of a sentence if they see you're in school and have stopped smoking?

    Thanks for any help!
    -Fresh

  2. #2
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: Caught With Under 20 Grams Marijuana in Florida

    $1000 and a year in jail on each of the possession and paraphernalia charges.
    You lose your license for six months whether you're in a car or not.

    If this is your first offense, there's a pretrial diversion you can request which gives generally a year of probation and substance abuse treatment which if you complete successfully avoids a criminal record. Of course, don't do this if you intend to continue using drugs.

    How would a judge know or believe you've stopped smoking drugs just because you say so.
    Given the possibility of jail on this charge I recommend at least talking to a lawyer.

  3. #3
    Join Date
    Nov 2010
    Posts
    2

    Default Re: Caught With Under 20 Grams Marijuana in Florida

    I do not intend to continue using drugs and I'm already local lawyer shopping. If I complete the pretrial diversion, will my licence still be taken away?

  4. #4
    Join Date
    Nov 2007
    Posts
    1,258

    Default Re: Caught With Under 20 Grams Marijuana in Florida

    Hire a lawyer,I would guess maybe probation and some fines or a diversion program might be available to avoid a conviction. I'm not sure if your license can be suspended.

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