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  1. #1
    Join Date
    Jan 2011
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    1

    Default Marijuana Misdemeanor, First Offense

    My question involves criminal law for the state of: Florida

    My situation: I was approached by an undercover officer while sitting in my car rolling a blunt. I had a friend there with me who received the same charge. I gave the officer everything up front and was polite so he disregarded some paraphenalia I had in the car. We were released PTA and my court date for my arraignment is approaching, but I have no idea how the system works. I'm a student going to college paying for school on loans alone, and my parents have no money either so I cannot afford a lawyer. When I called my public defenders office, they simply told me that I'd be appointed a lawyer if i could not afford one and hung up. I've also have heard that an arraignment is simply a hearing where I can only plead guilty or not, and if I plead guilt I would deny my opportunity to explain my situation to the judge with a lawyer. Now it's undeniable that I was in possession, but I want the judges to also understand that I cannot afford any kind of fine right now, in fact when I lost my Pell grant, I wasn't even able to afford books for the new semester. I just would like to know how to have a public defender explain my case. Do I plead not guilty or will they provide legal service before asking for my plea? Any information is appreciated.

  2. #2
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Marijuana Misdemeanor, First Offense

    Here is an overview of the process that is pretty simple and easy to understand:

    http://criminal.findlaw.com/crimes/criminal_stages/

    If you have the time and inclination, you may want to read your State Constitution regarding any possession laws which do not disturb the domestic tranquility or safety of the State. The right to acquire and posses private property is declared inalienable in that social Contract which alleges to be the supreme Law of the Land of the State of Florida. No mere act of a legislature should be allowed to stand if repugnant to the supreme Law of the Land of that State.

    Article 1, SECTION 1. Political power.—All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people.
    Florida State Constitution.
    Article 1, SECTION 2. Basic rights.—All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.
    A legal question could be: On what basis are rights declared inalienable in the State supreme Law of the Land, rendered alienable by a mere legislative act? A definitive answer could be helpful and help protect our individual liberties and natural rights.

    Another legal question could be: On what authority is the obligation of a social Contract impaired by a State, by an act of the legislature that is not pursuant to a federal obligation? A State Constitution can be considered a social Contract.

    Our federal Constitution could also be cited for appeal purposes in Article 1, Section 10.

    Modern civil rights are an evolving concept. In California, possession of less than one ounce is no longer considered a misdemeanor. It was "downgraded" to an infraction this year. Our California state legislature may be contemplating legalization in the future.

    It could also help solve our recurring state budget deficits.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Marijuana Misdemeanor, First Offense

    Read this.

    Quote Quoting adi
    View Post
    I've also have heard that an arraignment is simply a hearing where I can only plead guilty or not, and if I plead guilt I would deny my opportunity to explain my situation to the judge with a lawyer.
    You will want to explore your options to obtain a deferral or otherwise avoid a conviction. That's usually possible for a first offense drug possession charge. So don't simply plead guilty and get yourself a conviction.

    You can ask the criminal clerk's office about the procedure for petitioning for a court-appointed lawyer. They likely have a form you must complete and return.

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