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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Post Possession of Cannabis With Intent to Sell

    My question involves criminal law for the state of: Florida. My son was caught and charged with 1)Possession Of Drug Paraphernalia 2)Poss. Of Cannabis W/intent To Sell/deliver 3)Possession Of Cannabis > 20 Grams 4)Violation Of Probation - which he was on for the next next three years. What are his chances of coming home and the charges against him. I really don't know what the charges mean, however, what is the best outcome and the best outcome in this scenario.

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

    Default Re: Possible Outcome

    Your best chances with your son is to make sure he has an attorney. He's got a double whammy of being charged with a felony and violating an existing probation.

    The paraphernalia means he had something that is used to ingest or prepare drugs (probably a pipe, but it could be grinders, etc....). This is a misdemeanor (up to a year and/or $1000) fine. The possession with intent to deliver means that he had drugs on him and they assert he was going to sell or give them to others. Since the amount is over $20, this is a felony and he could get 5 years/$5000 on this. The simple possession of more than 20 grams is also a felony.

    It appears he has the double whammy of being on probation (with three years to go this is obviously another felony, what for more drugs?). They can certainly lock him up for that and perhaps even revoke the probation meaning he'll go to prison for the original charges in addition to whatever they give him on this one.

    He needs an attorney. The dream outcome was that the attorney figures out how to beat the felony charges (showing there was no intent to distribute and challenging the quantity that raised this to a felony) and you're left with a couple of misdemeanor drug charges and they decide not to hang him on the VOP. Of course that's really rosy and not knowing any of the actual details, it's unclear if that's even possible. The attorney can figure this all out. I wouldn't expect him home from Xmas.

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