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marijuana possession FL

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sven

Junior Member
What is the name of your state? Florida

I am 18 and was charged with having a tin container containing 1 gram of marijuana, field tested positive.
This is my first offence, i received a ticket and a court date, and am wondering what i should expect from this.
Will this go onto my record or is there a way in which i can make it so that it doesn't.
Any help would be appreciated, thanks.
 


AlanShore

Member
Get a lawyer.

First offense so you probably can plea it down, no jail time or such. Expect a fine maybe some community service, all depends on the DA and the judge. It is I believe a 1st degree misdemeanor (don’t hold me to it i am not an expert on FL law) so you could get up to a $1,000 fine and a year in jail but considering its a first offense you can probably plea bargain.

Good Luck,

-ALAN
 

sven

Junior Member
Thanks for the reply, but about how much do you think a lawyer would cost for something like this?

I have talked to people who know others who have had the same thing, one got a fine and withheld of adjudication(what does that mean exactly?) and another a drug program and community service.
The cop said that it would probably be dismissed or something but if it happened again that i would be charge for both, not sure whether to go with that though.
 

seniorjudge

Senior Member
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

AlanShore

Member
I say $500 to a 1K depending.

In laymans terms heres what it means: Stop smoking Pot, then you don't have to worry.
 

sven

Junior Member
If I get withheld of adjudication what will that show on my record and would i be able to expunge the charge soon or at a later date?
 

AlanShore

Member
Depends on you situation. With adjudication you can qualify for your conviction to be sealed from public record.
 

sven

Junior Member
thanks for the help i'm going to get a consultation with a lawyer to hopefuly see what my options are
 

sven

Junior Member
so if i get withheld of adjudication it won't be able to be sealed?
friends who have had the same thing say if i plead no contest i'll get that and a $200 fine
 

sven

Junior Member
so i spoke on the phone with a lawyerto organize something, and he asked for my case number, although there isn't one written on my notice to appear, also, when the lawyer searched for my name in the database or whatever it is they use, nothing came up, even with alternate spellings. This is 2 weeks after the incident and i would have thought that it all wouldhave been done by now. Any ideas on what this means?
 

seniorjudge

Senior Member
so i spoke on the phone with a lawyerto organize something, and he asked for my case number, although there isn't one written on my notice to appear, also, when the lawyer searched for my name in the database or whatever it is they use, nothing came up, even with alternate spellings. This is 2 weeks after the incident and i would have thought that it all wouldhave been done by now. Any ideas on what this means?

If it's a misdemeanor, then the government has (probably) a year to file it.

Go to court when the summons tells you to; this won't go away so don't ignore it.
 

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