Results 1 to 3 of 3
  1. #1
    Join Date
    May 2011
    Posts
    1

    Default First Time Possession of Drugs and Paraphernalia

    My question involves criminal law for the state of: Florida


    My friends and I were caught in my car smoking marijuana, when the officer asked I said everything was mine. I was charged with two counts of paraphernalia and posession of marijuana, less than 20 grams, all misdemeanors. These are my first offenses. The officer who arrested me failed to read me my miranda rights.

    my questions are:

    1. should I actively engage in pursuing a lawyer for my case, given that my rights were not read to me?

    2. am i expected to take a drug test on the day of my court date?

    3. what kind of consequences should i expect for these charges?

    thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: First Time Possession of Drugs and Paraphernalia

    Read this.

    If you'll be meeting with probation on your court date, or if you appear intoxicated in court, nobody here can promise that you won't be tested. If I may offer a crazy idea, consider not using illegal drugs while your case is pending.

    Your disposition will depend upon such factors as your age and prior record. In many jurisdictions you can get a deferral for a first time drug offense - but you can expect to be tested.

  3. #3
    Join Date
    Jan 2011
    Location
    California
    Posts
    90

    Default Re: First Time Possession of Drugs and Paraphernalia

    As for Miranda rights, so long as they are read to you prior to being interrogated and/or booked then the requirement is satisfied (different jurisdictions interpret this in slightly different ways). They do not need to be read to you at the time you are handcuffed and put in the back of a police car, as many people think. This is from a US Supreme Court ruling (I don't have the case citation with me at the moment but I can get it if needed).

    1. Sponsored Links
       

Similar Threads

  1. Drug Possession: Possession of THC and Paraphernalia, First Time Offense
    By peacelovecj in forum Criminal Charges
    Replies: 1
    Last Post: 09-26-2010, 08:11 AM
  2. Drug Possession: Juvenile Possession of Drugs and Paraphernalia
    By srharris in forum Criminal Charges
    Replies: 2
    Last Post: 07-23-2009, 08:09 AM
  3. Paraphernalia: Possession of Drugs, Drug Paraphernalia
    By Dr.Skill_502 in forum Criminal Charges
    Replies: 3
    Last Post: 03-04-2009, 05:55 PM
  4. Drug Trafficking / Distribution: Jail Time For Possession With Intent To Deliver Drugs, Multiple Offense, in Texas
    By exoticg in forum Criminal Charges
    Replies: 1
    Last Post: 12-24-2007, 06:58 AM
  5. Drug Possession: Possession of Drugs and Paraphernalia
    By Jccooler19 in forum Criminal Charges
    Replies: 2
    Last Post: 10-23-2007, 09:21 AM
 
 
Sponsored Links

Legal Help, Information and Resources