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Misdemeanor Possession Of Cannibus Under 20g And Possession Of Drug Paraphernalia

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  • 05-26-2008, 09:14 PM
    RA4
    Misdemeanor Possession Of Cannibus Under 20g And Possession Of Drug Paraphernalia
    My question involves criminal law for the state of: Florida
    :wallbang:
    My son got charged with Count 1 possession of cannibus, under 20 grams & Count 2 possession of drug paraphenalia (pipe). These were in glove compartment in his car. As I understand since it was in his car, it would be considered his. (doesn't matter that his 4 friend in the car were contributors in the purchase, therefore technically it was all of theirs) Anyway, he stupidly took the rap for it, rather than "ratting". He just turned 18 one month prior to this. At the first "hearing", that an attorney friend of mine attended for him the DA offered two options. 1) plea of no contest in exchange for withheld adjudication, plus court cost (approx. $240)or 2) transfer case to drug court and the case will be dropped after successfully completing all drug court requirements. basic reqs. include 6 month program (located 1/2 hour away), a monthly court apprearance before drug court presiding Judge and fees and costs (approx $275)

    Trying to keep this short, but...
    He seems to be leaning toward option 1, since up till his graduation from HS he's been in my custody and has not seen his dad since last summer (he usually goes to PA for couple weeks every summer)... With Option 2, he would not be able to do this.

    I want him to do option 2 so it won't be on his record, since they say it will be dropped after completion, but the other way is quicker and easier and won't cost gas money. (we're on assistance and don't have the gas $)

    This is tearing me apart because I don't know what to do and now he's 18 and will make his own decision. He's not a bad kid, really and doesn't get in any other trouble. I want him to learn a lesson, which I believe he did, but.....

    Since this was offered by the Assistant State Attorney, would these be his only options? Or it says if he doesn't want these options he could schedule case for trial. Would that make any difference? If this would've happened a month prior he would've been 17 and things would probably be different. I feel helpless and confused. Any help or advice would be greatly appreciated, as he goes back to court in 3 days. (I can provide more info if necessary)
    Thanks in advance.:wallbang:
  • 05-28-2008, 08:13 AM
    Mr. Knowitall
    Re: Misdemeanor Possession Of Cannibus Under 20g And Possession Of Drug Paraphernalia
    What other options do you want? He's been offered the choice of two significant breaks. You want to negotiate for something else? Hire him a lawyer and have at it.

    If you push him toward the second option, you need to be sure that he will succeed in drug court. I've seen a lot of teens who simply lack the maturity to refrain from illegal drug use for six months, even if it means getting a criminal record.
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