I'm 20 and received a citation tonight for being a minor in possession in Florida. I have a court date in a few weeks. What is my best option? What do I plead? Do I need an attorney with me? Is this going to stay on my record forever and what are my most likely punishments? This is my first offense and I have no prior record of anything. I was very cooperative with the police.
Minor in possession of drugs or of alcohol? For a first offense, one is a first degree misdemeanor and one is a second degree misdemeanor, with different penalties possible.
I agree with FlyingRon that you need to see an attorney in your area for help. Being convicted of a misdemeanor will affect your life in myriad ways - job opportunities lost, financial aid for school denied, rates for insurance and interest rates on loans (if you are able to get them) high, travel to other countries restricted ...
If you cannot line up an attorney before your first appearance in court, it is generally recommended that you plead "not guilty" at this first appearance and a new hearing will be scheduled. You will be asked when you plead if you need an attorney and, if you qualify, a public defender will be appointed to help you.
If you do not qualify for a public defender, or if you wish to hire a private attorney, you should use the time between your first court appearance and your second scheduled hearing to find one. The major difference between a public defender and a private attorney (other than the cost) is the amount of time the attorney will have to devote to your case. Public defenders often have extremely large case loads which limit the time they have to devote to any one case (which can sometimes make a difference in the outcome).
Once you find and speak with your attorney, you should go over all of your options and consider each one carefully. The goal should almost always be to find a way to avoid a misdemeanor conviction showing up on your criminal record. This could mean pleading guilty so that you can enter into a diversion program, which if completed to the court's satisfaction can result in the discharge and dismissal of the possession charge. But your attorney will let you know if this is an option for you and what other options are available.
Good luck.
edit to add: Here is a link to the Florida State Attorney's Office with 2010 information on the State's diversion program:
http://sao17.state.fl.us/pretrial.htm
