Florida: I was arrested over the weekend on 3 charges. Possession of cannabis under 20 grams, paraphernalia, and trespassing. It was less than a gram. It's my first offence and I'm 20. What are my odds of being acquitted or getting that program where you get tested for six months and get your record expunged? Also should I get a private lawyer(that I can barely afford since I'm a college student) or can a public defender yield the same results? Getting my record wiped is important to me because I don't want it effect my internship and job applications negativity.
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Got arrested for possession, first offence, private lawyer or public defender?
- Thread starter philmc95
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FlyingRon
Senior Member
A public defender is provided for the indigent who can not afford legal counsel, not some default for those unwilling to pay for their own defense. Having drug convictions won't effect your internship, but it certainly would affect it (and future employment) Also, on this side of the pond, we spell it offense.
You definitely need some sort of lawyer. We don't know the situation exactly, but it's unlikely you're going to get an outright acquittal. There is a Florida pretrial diversion program that if you complete successfully will avoid conviction. It's at the discretion of the State's Attorney to recommend it. Expect that it will cost you money and you will be drug tested throughout if you are lucky enough to be allowed to enter.
You definitely need some sort of lawyer. We don't know the situation exactly, but it's unlikely you're going to get an outright acquittal. There is a Florida pretrial diversion program that if you complete successfully will avoid conviction. It's at the discretion of the State's Attorney to recommend it. Expect that it will cost you money and you will be drug tested throughout if you are lucky enough to be allowed to enter.
quincy
Senior Member
The marijuana charge is a misdemeanor with the potential on conviction for one year in jail and up to $1000 in fines.
The paraphernalia charge is a misdemeanor with the potential on conviction for one year in jail and up to $1000 in fines.
The trespassing charge can be charged as a misdemeanor or a felony, depending on facts, but assuming it is a misdemeanor, there is the potential on conviction for one year in jail and up to $1000 in fines.
Even one misdemeanor conviction can adversely affect your educational opportunities (including scholarships and internships) and can adversely affect your job opportunities (as well as loan and insurance availability and rates, travel out of the country, driving privileges). Even without a conviction, being arrested and charged with crimes can potentially affect your current internship or a current job in an adverse way.
FlyingRon mentioned the diversion program available in Florida for first offenders. Here is a link to Florida's program information:
http://www.sa18.state.fl.us/page/misdemeanor-diversion.html
You would be well-advised to seek help from an attorney in your area to help you handle the charges filed against you. This is one of those areas where you can escape the worst of the penalties by being accepted into the diversion program, but there is no guarantee of acceptance. You want the best odds possible and having an attorney can give you these best odds. I suggest you borrow money from family or friends (if possible) so that you will have an attorney working for you to get you into the program or, depending on the attorney's personal review of all facts, get the charges reduced or dismissed.
Good luck.
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Sorry for the bad grammar, I wrote that just after being released and I was still shaken up. I can afford a lawyer, but only with help from family. However, I was informed that I would definitely qualify for a public defender. Right now I would just like to know if the program is safer than trying to get them dropped/reduced. I can pay a lawyer $50 just to fight for entrance into the program, which I've already been told I'll be offered. Either way I have a consultation with a lawyer tomorrow. What really annoys me is how big of a joke it is to cops. Every cop I came into contact with at the jail said, "Oh you must have been caught by a young hotshot, because I would have let you go." I did the crime and I accept the consequences but its just frustrating.
Silverplum
Senior Member
It's not illegal to find someone or something to be amusing. It's not illegal to smirk, either. (I just covered that the other day.
)
quincy
Senior Member
What to do at this point is a decision you need to make on your own, preferably after consultation with an attorney in your area. I am glad to hear you will be speaking with one tomorrow.
While there is always the possibility of getting charges reduced or dismissed if you choose to argue them, there is no guarantee they will be, especially with nothing to support a reduction or dismissal. The diversion program is a good way to keep your criminal record clean. The diversion program requires that you fulfill all terms of the program during your probationary period while staying out of trouble, however, and this can be difficult for some people. If you are caught violating another law, the original charges filed against you can be entered and you will wind up with one or more misdemeanors on your record.
I doubt if many police officers consider crimes, or those who commit them, a joke.
Good luck.
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