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  1. #1
    Join Date
    Jul 2009
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    14

    Default Minimum Charges for Multiple Drug Offenses

    My question involves criminal law for the state of: Florida
    what are the minimum charges for being caught with 28 grams of weed, un precribed xanex, and another unnamed conrolled substance, 3 pipes and 1 vaporizer. Also included, digital scales, baggies, and small pruning scissors. I was just wondering what the minimum sentance would be for my friend who was busted with the above. He has other misdomear charges, but they are all traffic related.

  2. #2

    Default Re: Minimum Charges in

    in florida

    28 grams with baggies and a scale could result in a sale charge which is at most 5 years and/or 5,000 dollar fine

    xanax is another felony charge and the "unnamed controlled substance" is probably too

    each felony charge could be entered separately (not grouped into one charge)

    paraphernalia is a misdeamnor 1 year and/or 1,000 dollar fine
    each pipe, the vaporizer, the scale, the baggies, and the scissors could land a separate misdeamnor charges.

    the misdeamnor charges for traffic will not help

    your buddy must consult an attorney asap and a very good attorney, its worth paying the extra dime

    good luck to your buddy

  3. #3
    Join Date
    Jul 2009
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    14

    Default Re: Minimum Charges in

    well, the main question is, what would he get, probation, jailtime? what would be the best and worst case senario?

  4. #4
    Join Date
    Nov 2007
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    1,419

    Default Re: Minimum Charges in

    Since he has priors,there was scales and baggies doesn't look good.He not a drugie,there gonna look at him as a dealer. His best option is to hire a good lawyer and see what he can work out.

  5. #5
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    Jul 2009
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    Default Re: Minimum Charges in

    well, my friend plead not guilty, but i dont know if that will help him or just piss the judge off, it pretty ovbvious when the cops catches you redhanded with all of this stuff. Also, is there any possiblilty he would get Pretrial diversion with the felony charges?

  6. #6

    Default Re: Minimum Charges in

    well its going to help him because now the prosecutor has the burden of proving all these allegations are true and your buddy is indeed guilty of breaking the law, if he plead guilty then the state would have to do nothing but sentence him... most of these matters are settled without going to trial so by pleading not guilty the prosecutor is most likely going to offer some sort of deal..... however without an attorney the deal isn't going to be as good for your buddy then it would be if he had an attorney

    and its very difficult to say what the minimum or maximum could be... could range from probation to jail time

    and attorney is an absolute MUST in this situation

  7. #7
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    Jul 2009
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    14

    Default Re: Minimum Charges in

    well, thats the thing, the vice unit that found him with all of this stuff basically walked into his house, with his permission, and searched his entire house,again, with his permission, and found all of the before stated stuff, so how would he be postively "not guilty" of this, I mean, I know it just procedure, but how could someone be "not guilty" with all of the evidence against them?

  8. #8

    Default Re: Minimum Charges in

    first of all why the hell would he let the cops search the house if he knew there were drugs present????? make the cops get a search warrant....

    well he's not positively not guilty but the law assumes all people are innocent until proven guilty... so why not take advantage of that and make the state prove your friend is guilty

    however with this type of evidence a trial would be very costly and most likely result in a guilty verdict (unless your friend gets an incredible attorney) and there's not way of saying for sure what the verdict would be

    once again your friends best bet is to listen to what the prosecutor has to offer in terms of a deal... and to HAVE AN ATTORNEY PRESENT

  9. #9
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    Jul 2009
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    14

    Default Re: Minimum Charges for Multiple Drug Offenses

    he has one, but I dont know of his track record with these type of cases. The only thing that I find slightly odd is how cheap his lawyer is, kind of odd, esp in this case

  10. #10
    Join Date
    Nov 2007
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    1,419

    Default Re: Minimum Charges for Multiple Drug Offenses

    Quote Quoting shithead12
    View Post
    he has one, but I dont know of his track record with these type of cases. The only thing that I find slightly odd is how cheap his lawyer is, kind of odd, esp in this case

    It's not always the price but important to make sure that he has a good lawyer. It's common gonna place to plead not guilty even when it's obvious that you are. Then in most cases your lawyer works out a plea bargain to a reduce charge. If he just pleads not guilty and get sentenced he going in there blind.

    Was his priors drug reacted,the pills might hurt him more,25gs isn't really that much weed. Here in NY that's probably just a misdemeanor. It depends how strict the local da and judges are. His lawyer should be able to give some sort of guess what he is look at, the da should offer him a plea bargain. I think if there is a chance for probation with a good lawyer. If the county he in is strict and he has priors especially related to drugs then probably looking at some time in jail. Regardless prior related to drugs are gonna look bad on him. If he has a prior felony he might be looking at increased time.

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