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  1. #1
    Join Date
    Jan 2017
    Posts
    1

    Default DUI and Drug Equipment Charges

    My question involves criminal law for the state of: Florida

    Recently I was pulled over for a busted headlight while high on marijuana. I received a DUI and am being charged for two counts of drug equipment
    the two things found were a glass pipe and a metal grinder.
    I'm 18 years old and in college. I spent 4 nights in jail before being released on bond. This is a first time offence with no previous violations.

    My questions are: What is the likely hood of jail time? How long roughly would a jail sentence be? Should I stick with a public defender or get a proper attorney?
    and at the arraignment should I bother pleaing not guilty?

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: DUI and Drug Equipment Charges

    Quote Quoting Tafman11
    View Post
    My questions are: What is the likely hood of jail time? How long roughly would a jail sentence be?
    Jail is possible, but probably not likely. There are a number of variables involved. So, a more specific answer would need to come from an attorney after reviewing the entire case against you.

    Quote Quoting Tafman11
    View Post
    Should I stick with a public defender or get a proper attorney?
    That’s not exactly how it works. If you are able to afford a private attorney, you don’t get to simply decide to save your money and use a public defender. If you request a PD, the court will review your financial resources to determine if you are truly indigent before assigning a PD to represent you.

    Quote Quoting Tafman11
    View Post
    and at the arraignment should I bother pleaing not guilty?
    You should always plead not guilty unless advised by your attorney to do otherwise.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: DUI and Drug Equipment Charges

    Quote Quoting Tafman11
    View Post
    Should I stick with a public defender or get a proper attorney?
    In addition to PTPD's explanation of how getting a PD works, a PD is a proper attorney. Probably overworked and underpaid but still a proper attorney, especially given they will have a lot of experience with the court they are representing clients in.

  4. #4
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: DUI and Drug Equipment Charges

    There is huge variation from one circuit to another in Florida. For example, if you were charged in Orlando which is the 9th circuit you could receive pre-trial diversion if it is a first offense. In the 18th circuit, as for example in nearby Altimonte Springs, that will not happen. Still, jail would only be on the table if there was a crash resulting in serious injury or death. It will still be very unpleasant. And yes, the public defender is a "proper", i.e. competent and capable, attorney. You will not get as much of his/her time as you would a private attorney, however, and it will be up to you to keep in touch.

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