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  1. #1
    Join Date
    Oct 2008
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    Default Marijuana Possession and Suspended Drivers License, First Offense

    My question involves criminal law for the state of: Florida

    I recently was pulled over by a Lee County Sheriff for a defective exhaust on my car (said it was to loud). Upon asking for my drivers license, I told him I received a ticket about a month and 2 weeks ago and it was yet paid and its possibly my license may come back suspended.

    He runs my info, and asks me to step out of my car and confirmed that my license was suspended. He then asked if I had anything illegal in the car. I told him that I have smoked in the car in the past, and that he may find signs of marijuana. The sheriff then searches my car, and managed to collect some seeds, stems, and small crumbs that must have been scattered throughout my car, the total weight had to be less then a gram.

    All said and done, I got arrested for driving on a suspended license and possession of marijuana under 20grams; happened to be my birthday as well, great day. My pretrial arraignment is in about a week and I can't afford legal counsel. I've never been arrested before, and have no criminal record at all.

    My questions are, what would be the best way to go about resolving this at the arraignment. Should I plea not guilty/guilty? Should I seek more in-depth legal help. Also I read 60 days of jail and $1,000 fine per misdemeanor charge is the worst I could the judge could sentence. Could I really be looking at that serious of a punishment for what happened? Any answers would be really appreciated. Thanks

  2. #2
    Join Date
    Oct 2008
    Posts
    7

    Default Re: Marijuana Possession/Suspended DL - First Offense

    Were you issued a citation? If yes, did the citation have a Case Number at the top of it?

    I seem to have been in the same situation in Ohio, I know the laws are different but I was pulled over for the same exact thing, I received a ticket for a loud exhaust and a citation for possession... my citation did not have a case number at the top and it was a Minor Misdemeanor.. Also, my citation shows that I violated the city's codified ordinance, not the state.. I called the mayors office and they told me that if I was cited to violate the STATE's ordinance my license would have been suspended for 6 months. Although the CITY's codified ordinance is a lot steeper in fines, I am not facing any suspension or probation of some sort...

  3. #3
    Join Date
    Sep 2005
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    Default Re: Marijuana Possession and Suspended Drivers License, First Offense

    Inquire with the court about your eligibility for a court-appointed lawyer. A local lawyer can advise you about the possibility of an alternative disposition on the marijuana charge, particularly if you're a first offender.

    I suggest that you take care of the suspension now, and have proof of your reinstatement with you when you go to court.

  4. #4
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: Marijuana Possession and Suspended Drivers License, First Offense

    Quote Quoting Drew22
    View Post
    My question involves criminal law for the state of: Florida

    I recently was pulled over by a Lee County Sheriff for a defective exhaust on my car (said it was to loud). Upon asking for my drivers license, I told him I received a ticket about a month and 2 weeks ago and it was yet paid and its possibly my license may come back suspended.

    He runs my info, and asks me to step out of my car and confirmed that my license was suspended. He then asked if I had anything illegal in the car. I told him that I have smoked in the car in the past, and that he may find signs of marijuana. The sheriff then searches my car, and managed to collect some seeds, stems, and small crumbs that must have been scattered throughout my car, the total weight had to be less then a gram.

    All said and done, I got arrested for driving on a suspended license and possession of marijuana under 20grams; happened to be my birthday as well, great day. My pretrial arraignment is in about a week and I can't afford legal counsel. I've never been arrested before, and have no criminal record at all.

    My questions are, what would be the best way to go about resolving this at the arraignment. Should I plea not guilty/guilty? Should I seek more in-depth legal help. Also I read 60 days of jail and $1,000 fine per misdemeanor charge is the worst I could the judge could sentence. Could I really be looking at that serious of a punishment for what happened? Any answers would be really appreciated. Thanks
    The punishment you could be looking at will vary somewhat based on the judge you have and your criminal record.

    You need to pay your fine and get your license reinstated. As Knowitall said, bring with you to court that proof of reinstatement. It looks good to judges when people who are appearing before them are making efforts to be good citizens.

    Since you're facing criminal charges, you might qualify for a lawyer on the State's nickel. If you don't qualify, you should hire an attorney of your own.

    At the very least, you might want to consider looking around your area for attorneys who give free consultations and then speak with him/her about it. Lots of attorneys will work on a sliding fee scale, or just take a case for a set amount.

    But you're facing 2 criminal charges. You could be sentenced to the maximum allowed by law and the sentencing scheme of your state; hence, you'll want an attorney who can at the very least work on getting you a better deal than you might get just by pleading guilty. You may well even qualify for a deferred prosecution on the drug charge. A local attorney will know better if you qualify.

    Good luck.

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