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First Degree Misdemeanor Possession of Cannabis and Paraphernalia

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  • 01-28-2013, 08:20 AM
    Dad2013
    First Degree Misdemeanor Possession of Cannabis and Paraphernalia
    My question involves criminal law for the state of: Florida this happen 4 hrs from home.
    Stopped for dark window film got off with warning. Fl Hwy Patrol K9 rolled up. They asked any weapons, alcohol in the truck, NO. Any Illegal drugs like pills cocaine. No. How about MJ. I told the truth it was for personal use and yes. Of course the dog hit and they thought there was more to what they found 1.5 grams and a pipe. I told them where to find it. That was it. Because I told them the truth they did not take me to Jail. But still read me My rights and told me i was arrested but not going to jail .They gave me a Appearance to court..
    I am 50 and have not been in trouble with the law since 19-20yrs of age. I drive all over the SE part of the US. For a living self employed. Am I done in by my bad decision.
    I am a father,husband. A Good person
    I am on tape telling them the truth. so it's mine..What do I do here.
    Plea no contest ask for, Probation, community service a fine. Withhold adjudication. I can't loose my License. I can't have this on my record..
    I will do what it takes. This was my wake up call.
  • 01-28-2013, 08:56 AM
    PandorasBox
    Re: Charged with First Degree Misdmeaner Cannabis and Paraphanalia
    You will want a Criminal Defense Attorney.

    The time to have thought of your record and drivers license was before using an illegal substance and carrying it around with you.
  • 01-28-2013, 09:32 AM
    Mr. Knowitall
    Re: First Degree Misdemeanor Possession of Cannabis and Paraphernalia
    You can explore whether you qualify for a first offender disposition. There is a significant driver's license suspension associated with conviction, so it would be a very good idea to consult a lawyer.
  • 01-28-2013, 09:38 AM
    Dad2013
    Re: Charged with First Degree Misdmeaner Cannabis and Paraphanalia
    Quote:

    Quoting PandorasBox
    View Post
    You will want a Criminal Defense Attorney.

    The time to have thought of your record and drivers license was before using an illegal substance and carrying it around with you.

    I realize that. I was asking or just tying to get a feel of what to plea. I was not using at the time nor did I drive under.
    It was plain as day to FHP.
    Can or has anybody heard of the scenario i am asking about.
  • 01-28-2013, 09:42 AM
    brawndo89
    Re: First Degree Misdemeanor Possession of Cannabis and Paraphernalia
    From my experience in Texas a measly charge like that is able to have dropped, but you'll need a good/expensive lawyer. Do some research on lawyers in your area and find one who "knows the judge". It's not as hard as it sounds. What exactly are you wanting out of this? You definitely won't lose your license but why are you so worried about it being on your record; are you a trucker?
  • 01-28-2013, 09:46 AM
    Dad2013
    Re: First Degree Misdemeanor Possession of Cannabis and Paraphernalia
    Thank you, I do plan on it. The DL is the thing. It is 2 yrs
    I would be hoping for a Withhold Adjudication as a logical compromise for the amicable resolution of criminal cases. In those cases, the defendant consents to the payment of fines and a term of probation in exchange for the state’s acquiescence of a withhold of adjudication. Once the term of probation is successfully completed, the court is divested of jurisdiction and there is no adjudication of guilt.2 F.S. §948.04 (2) provides that upon the termination of the period of probation, the probationer shall be released from probation and cannot be sentenced for the offense which probation was allowed. In these cases, withholds of adjudication have promoted judicial economy and leniency for uncharacteristic behavior by removing the conviction from the adjudicatory process. In the case of misdemeanors, withholds have allowed defendants to escape collateral consequences such as mandatory driver license revocations for drug convictions .. This is what I'm hoping for.. This is from the Fla Bar Journal..
    This is my first offense.
  • 01-28-2013, 09:52 AM
    brawndo89
    Re: First Degree Misdemeanor Possession of Cannabis and Paraphernalia
    I've never ever heard of a drivers license being revoked for a Class C Misdemeanor marijuana charge. Most likely you're going to get a year of probation, no big deal.
  • 01-28-2013, 09:57 AM
    Dad2013
    Re: First Degree Misdemeanor Possession of Cannabis and Paraphernalia
    Thanks. I do plan on it.
    I'm a Volunteer and a Coach at times.
    Not a trucker but do peace work state to state. Not sure what your asking about what I want out of this. I made a bad decision. And just really freaked out on it. I will take my knocks but The DL is keen to me making a living..
  • 01-28-2013, 12:50 PM
    tc498
    Re: First Degree Misdemeanor Possession of Cannabis and Paraphernalia
    Tell the lawyers your concern,given your age,it's a minor charge and you don't really have a record I think you have a good shot at keeping your licenses.
  • 01-28-2013, 01:13 PM
    PandorasBox
    Re: First Degree Misdemeanor Possession of Cannabis and Paraphernalia
    I had a friend who was involved with a hit and run case. She was given Community Control - she could drive to/from work, church, reasonable things like grocery shopping. Every month she had to turn a list of plans into her probation officer, including where/when/what time/for what purpose.....She could not be away overnight, and she could not be late getting home.
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