Defendant Faced Felony Charges after Smoking Weed in Park; Arrested


The Charges

An officer observed a woman sitting in an open, grassy area of a park separating pieces of marijuana. The officer searched the defendant and found marijuana rolling papers and Xanax pills. The defendant could not prove that she possessed a prescription for the pills. The officer arrested the defendant and charged her with felony Possession of Xanax and Possession of Cannabis.

Substance Abuse Offender Program

In the state of Florida, there are several different substance abuse offender programs.  These programs are aimed at providing treatment instead of incarceration. These programs are voluntary, but if the defendant decides they do not want to proceed with the program, they will face jail time, probation, and fines. 

Persons that are eligible for a substance abuse offender program include those that were charged with a misdemeanor or third-degree felony drug offense. One must be a first-time offender in order to qualify for such programs. The charges must also be possession charges. 

Substance abuse offender programs provide both group and individual counseling, as well as substance abuse treatment. Each program has different requirements to meet in order to complete the program. Upon completion of the program, the defendant will have charges dropped against them and they will be able to work with their attorney to have their record expunged and sealed. 

Such diversion programs last for six months to one year. The defendant will be responsible for paying for the cost of the course. Requirements for the successful completion of the course may include completing community service, paying fines and restitution, engaging in therapeutic offerings, attending vocational trainings, participating in routine urine testing for drugs, and attending behavior modification classes. Any treatment that is recommended must be completed in order to complete the program. If the defendant is not able to complete the course for any reason, or they are discharged by the program, the case will go back to court where the judge can impose a sentence. 

Legal Services for Drug Possession

If you or a loved one faces such a charge, you will need legal representation to help you in court. With over 150-years of combined legal experience among our team of criminal defense attorneys, Musca Law Firm is able to negotiate with the prosecution in order to have your charges reduced or dismissed entirely. We have defended many clients against a wide range of criminal charges, and are capable of building a strong and strategic legal defense on your behalf based on the specifics of your case. 

We have multiple offices across the state of Florida for your geographical convenience. We offer a free, no-obligation initial case consultation and answer our phones 24/7 to be available when you need us. Don’t hesitate to call our office today at (888) 484-5057 to speak with one of our experienced attorneys.  

RESULT: The defense entered into lengthy negotiations with the prosecution over the details of the case. The Musca Law criminal defense attorney obtained copies of the Xanax prescriptions from the client’s doctor for presentation to the State. The defense then made special arrangements for our client to be referred to a Substance Abuse Offender Program in an effort to defer court sentencing. The defense’s commitment to the case paid off, and the State DROPPED all charges against the client.