The defendant had been a passenger inside a vehicle suspected of driving under the influence (DUI). The police searched the vehicle and found marijuana. The driver claimed the drugs belonged to the defendant. The passenger admitted to police that the marijuana did belong to him. Officers arrested the defendant and charged him with possession of < 20 grams of marijuana.
Possession of <20 Grams of Marijuana in Florida
Possession of under 20 grams of marijuana in Florida is considered a first-degree misdemeanor. Penalties for possession of under 20 grams include up to one year of jail time, one year of probation, and a $1,000 fine. Being charged with this may also exclude you from some government jobs, and you will not be eligible for financial aid or Bright Futures Scholarships. You will also not be eligible for public housing, and it could interfere with different types of career licenses/permits unless a drug program is completed. This is also very damaging to your life, as it will remain on your record.
Diversion Program for Marijuana Possession
In Florida, diversion programs for marijuana and other controlled substances possession were created in order to offer counseling, education, and supervision to those who have broken the law for punitive crimes. This is often offered to individuals that do not have any prior offenses. Offenders voluntarily participate in the Diversion programs. Once they have agreed to be a part of the program, they have waived their rights to a speedy trial. Completion of the diversion program will allow charges to be dropped against the offender. An attorney can then work at expunging your record.
A diversion program will last at least 90 days, and sometimes as long as 180 days. The cost of the program will be paid for by the offender. There will also be random drug tests that need to be performed. Any treatment that is recommended will need to be completed by the participant, at their expense. There could be vocational training in these programs, individual and group therapy, and community service. The offender will also be required to pay any fines.
Musca Law Firm
If you have been charged with possession of marijuana, we advise you to seek the assistance of an experienced attorney. An attorney will be able to fight for your rights and potentially have your charges dropped completely or reduced. At Musca Law Firm, we can help do all of this while negotiating with the state for an outcome that is favorable for you, such as participation in a diversion program. We serve the entire state of Florida with many offices in different cities, in order to be geographically convenient to you and your location. Don’t hesitate to call us today to schedule your free, no-obligation consultation with one of our experienced attorneys.
RESULT: The defense entered into heated negotiations on behalf of the client. The attorney arranged for the client to participate in a diversion program versus moving forward with prosecution. The defense prevailed with the State DROPPING all of the charges.