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  1. #1

    Default Charged With Misdemeanor Possession of Marijuana, < 20 Grams

    My question involves criminal law for the state of: Florida

    I was caught smoking marijuana and not sure what I should do?

    I just turned 18, in high school, athletic, honor roll student, going to college this fall, and have never been in trouble before. This was my first time ever trying marijuana. I have not told my Mom yet because I would like to know, first, what to expect from the judge taking my situation into consideration. I understand anything advised here is just a best guess / or opinion. I'm just looking for guidance.

    I did a lot of reading on the internet but not sure if I'm misunderstanding. Everything I've read advised against pleading guilty BUT I already admitted to the police woman that I was smoking after she read me my rights. Can I still plead not guilty?

    I also researched the FL statute {893.13 6(B)} and see the worst case scenario for this 1st degree misdemeanor is up to 1 year in jail, $1,000 fine, and 2 year drivers license suspension; while the best case is a "withhold ajudication" which would, I think, allow me to have this how matter expunged or sealed later? Is it possible I won't be charged at all rather just have to perform community service or something like that?

    Is a pretrial diversion something recommended for me being that this was my first and only time I'll ever do drugs?

    I don't know. Sorry for all the questions. Can someone please offer advise? Should I try to get a lawyer?

    Scared, Confused, & Learned My Lesson!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: First Degree Misdemeanor for Less Than 20 Grams of Marijuana

    Yes you can still plead not guilty. The plea isn't saying under oath that you didn't do it, just that you aren't going to voluntarily accept the guilt.

    Confused and ignorant is MORE than enough reason to get a lawyer.

    Any pretrial or other diversion option is WAY better than getting a conviction for this. Unless you are sure you know what is going to happen in the specific court you are appearing, having the advice of a lawyer would be preferable. The diversion options seem to vary by county to county in Florida, but they involve six months of keeping your nose clean, possible drug classes/treatement (and you can assume TESTING) , and some community service and paying for all of the above (several hundred dollars).

  3. #3
    Join Date
    Apr 2013
    Posts
    1

    Default Re: First Degree Misdemeanor for Less Than 20 Grams of Marijuana

    Quote Quoting flyingron
    View Post
    Yes you can still plead not guilty. The plea isn't saying under oath that you didn't do it, just that you aren't going to voluntarily accept the guilt.

    Confused and ignorant is MORE than enough reason to get a lawyer.

    Any pretrial or other diversion option is WAY better than getting a conviction for this. Unless you are sure you know what is going to happen in the specific court you are appearing, having the advice of a lawyer would be preferable. The diversion options seem to vary by county to county in Florida, but they involve six months of keeping your nose clean, possible drug classes/treatement (and you can assume TESTING) , and some community service and paying for all of the above (several hundred dollars).
    Thank you!

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