Our client was pulled over when an officer, in a marked uniform patrol, observed that the driver’s tag light was not functioning. The driver was given a verbal warning for the tag light, a ticket for not carrying a Florida driver’s license, and a ticket for not being able to demonstrate proof of insurance. When the officer returned the documents to our client, he requested if he could check inside the vehicle for contraband. The driver gave a simple, “go ahead” as verbal permission. During the search, the officer discovered a clear plastic bag containing a leafy substance and a glass pipe behind the passenger seat. Our client admitted that the items were his and had been on his person until he had placed them under the passenger seat when the officer had pulled him over. Our client was then arrested for possession of marijuana under 20 grams and the possession of narcotic equipment.
Possession of Marijuana Under 20 Grams
Possession of marijuana is a misdemeanor of the first degree in Florida, as long as the weight is under 20 grams. The possession can be constructive or actual in nature to be charged. Possession is defined as an ability to exercise the right of ownership, control, or management over the contraband.
Penalties for marijuana possession under 20 grams include up to one year in jail or a year of probation and a fine of $1,000. If probation is served, random drug tests will be required. It is very likely that there will also be a one-year driver’s license suspension. The offender will be responsible for paying for all court costs, drug tests, and any other costs associated with the possession of marijuana charge.
Possession of Narcotic Equipment
Possession of narcotic equipment is generally the same thing as drug possession. Narcotic equipment is defined as any material that is used to conceal, consume, or produce a controlled substance. It is considered a first-degree misdemeanor. Penalties for possession of narcotic equipment include up to one year in jail, 12 months of probation, and a fine of $1,000. Offenders are required to submit to random drug tests and may also need to be enrolled in drug treatment programs. However, many times this charge will be combined with another charge, such as a possession of marijuana charge.
If you or a loved one face a drug possession charge, you will need legal representation to help you navigate the legal system. 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: After diligent negotiation with the State Attorney, our client received a NO CONVICTION outcome!