written arrest for possession of marijuana and paraphernalia

[ghost420]

FLORIDA!

i received a written arrest the other night for possession of marijuana (less than 20 grams) and paraphernalia. i was told that i have to appear in court on a specified date/time, and that a lawyer was not necessary... i feel uncomfortable going to court without an attorney, do they appoint public defenders in misdemeanor cases such as this?? if i am assigned a public defender are they unaware of my case until the court date or will i be able to speak with them prior to the court date? i have no idea who to call with these questions.


i was arrested for DUI in 2012, and was arrested (but NOT found guilty) for 2 felonies in 2013.

i'm wondering what type of consequences i should expect to be facing? i expect court fees and most likely fines, but am i looking at probation or drug testing? also does this affect my drivers licence or insurance?


also, once marijuana is legalized should i be able to get these charges expunged?



any insight would be appreciated!!!

 

[FlyingRon]

If you are indigent you can get a public defender. Your initial appearance is likely limited to saying "NOT GUILTY" (never say anything else without counsel) and (if you may qualify) I would like a public defender. You will fill out an affidavit to see if you qualify (along with a $50 fee). You can see the affidavit here: http://www.pdmiami.com/indigent.pdf

 

[ghost420]

I was with a friend when I got the written arrest but I told the officer I would not answer any questions without an attorney present and my friend said the same, but because the marijuana was found in my car I was the one who received the charges. Neither one of us admitted guilt.

How would I prove I'm indigent? I am currently unemployed and have not had income in the past month. If I'm understanding you correctly, I wouldn't be able to find out whether I'd be eligible for a public defender until the court date?

 

[Silverplum]

FLORIDA!

So many people don't answer the state question, so I had to smile at your enthusiastic answer.

i received a written arrest the other night for possession of marijuana (less than 20 grams) and paraphernalia. i was told that i have to appear in court on a specified date/time, and that a lawyer was not necessary... i feel uncomfortable going to court without an attorney, do they appoint public defenders in misdemeanor cases such as this?? if i am assigned a public defender are they unaware of my case until the court date or will i be able to speak with them prior to the court date? i have no idea who to call with these questions.

i was arrested for DUI in 2012, and was arrested (but NOT found guilty) for 2 felonies in 2013.

i'm wondering what type of consequences i should expect to be facing? i expect court fees and most likely fines, but am i looking at probation or drug testing? also does this affect my drivers licence or insurance?

http://norml.org/laws/item/florida-penalties

If you were driving, I'm sure a conviction would affect your insurance, but can't answer because I'm not your insurance company. Your license, I don't know.

also, once marijuana is legalized should i be able to get these charges expunged?

You have high hopes (pun not intended when I began the sentence.) That's not something we could answer.

 

[FlyingRon]

How would I prove I'm indigent? I am currently unemployed and have not had income in the past month. If I'm understanding you correctly, I wouldn't be able to find out whether I'd be eligible for a public defender until the court date?

Download the form I wrote above. It has all the things you need to have to justify your status.