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  1. #1
    Join Date
    Jul 2005
    Location
    florida
    Posts
    4

    Default Misdemeanor Marijuana Possession

    Does anyone know what i might have to do after my court date? Will i get a fine or probation? I was caught smoking a joint! What should i do?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: Misdemeanor Marijuana possession. Second drug offence!

    Quote Quoting dirtchild
    Does anyone know what i might have to do after my court date?
    What is the purpose of your court date? Arraignment? Bail hearing? Plea hearing? Pretrial? Trial? Sentencing? Something else?

    Quote Quoting dirtchild
    Will i get a fine or probation? I was caught smoking a joint!
    If it is your first offense, and you plead guilty or are adjudicated guilty, probably yes. There may also be diversion programs available.

    Quote Quoting dirtchild
    What should i do?
    If you want specific advice, you need to consult a local criminal defense lawyer.

  3. #3
    Join Date
    Jul 2005
    Location
    florida
    Posts
    4

    Default

    Well, i will tell you all of the information. I got arrested in 2003 for possession of a controlled substance with intent to sell or deliver(felony charge). I went through a diversionary program and completed it. Last night i was smoking a joint with my friends. They charged me with possession of marijuana under 20 grams(misdemeanor). I looked it up and could find nothing on a sentence. The officer stated i have a court date on August 6th. From what i understand i will probobly get a fine, remembering it is my first marijuana charge. I did find somthing that said if you are charged for your first marijuana charge you get a fine. I just want to know all of the info on what might happen to me. Also i am 17 but i am turning 18 exactly one month from my court date. So i know this charge wont be on my record. I just want to know my sentence for juvenile possession of marijuana under 20 grams.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Florida, Possession of Marijuana

    The standard drug statute for Florida provides,
    Quote Quoting Florida Statutes, Title XLVI (Crimes), Section 893.13 - Prohibited acts; penalties
    (6)(a) It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (b) If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, "cannabis" does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.

  5. #5
    Join Date
    Jul 2005
    Location
    florida
    Posts
    4

    Default Not what i was asking for...........

    I am a juvenile. Remember that. I get a lesser sentence i just want to know what it will be. The info you gave me was for adults.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Criminal Statute

    There is no separate criminal code for juveniles. Just different criminal procedure and sentencing policies. A local criminal defense lawyer with a juvenile defense practice can guide you more specifically through what is likely to happen.

  7. #7
    Join Date
    Sep 2005
    Location
    Citrus County
    Posts
    3

    Default Poss. of a joint

    You will most likely be put on probation for a 6 months or a year and see a juvenile probation officer once a month. You will probably have random drug tests and not allowed out after school except with parents. If you fail the drug test you violate probation. Many juvenile probation officers stop at your home to see if you are there when not in school or in the evening or on weekends. You will not be allowed to talk to others on probation. If you are lucky you will not get all this on a first offence but the law has really cracked down on drugs. There is another possability that your hearing will be posponed until after you turn 18, if that happens, you may possibly be charged as an adult, i know some children who that has happened to. Hopefully you will be given a break this time. The state and county you are in will make the difference. Hopefully you are not in Florida. Be smart, don't mess up a second time.

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