Noisy Muffler Leads to Possession of Marijuana Arrest


The Charges

Defendant was stopped by police for a noisy muffler and the fact that his front passenger window was tinted darker than the state’s legal limit. The Officer conducting the traffic stop noticed an odor of marijuana coming from the vehicle and had his K9 partner conduct an air sniff. The K9 gave a positive alert to the odor of controlled substances. Police recovered a clear bag of marijuana and arrested the Defendant for Possession of Marijuana and Possession of Paraphernalia.

Possession of Marijuana in Florida

Possession of marijuana in Florida can be a misdemeanor or a felony charge, depending on the weight of the substance that was in possession. A first-degree misdemeanor will be charged if the person is carrying less than 20 grams of marijuana. This will lead to up to 1 year in jail and a fine of up to $1,000.

A third-degree felony will be charged if the person is in possession of more than 20 grams of marijuana. The penalties for this will be up to 5 years in prison and a fine of $5,000.

There are other consequences that are associated with any drug charges. A landlord can turn anyone away that has a criminal record. A person may not be eligible for public housing and will not be allowed to hold certain government jobs. Financial aid or scholarships often have the stipulation that you can not be a convicted felon. You may also have your driver’s license suspended and have certain professional licenses taken away from you. You could also be placed on probation where you have to report to a probation officer on a monthly basis. You will then be expected to follow specific conditions of your probation for the entire duration of this period. 

Possession of Paraphernalia

Possession of paraphernalia in Florida is a first-degree misdemeanor. Penalties include up to 1 year in jail, probation, and a fine of $1,000.  

Drug paraphernalia is defined as any material or object that is intended for producing, using, or processing illegal substances. This often includes small bowls and spoons, baggies, envelopes, bongs, roach clips, rolling papers, and more. 

Musca Law Firm - Fighting For Your Rights

If you have been charged with any drug crime, Musca Law will fight for you. We want you to have a second chance in life. Our attorneys will work hard to negotiate with the prosecution in order to find the best solution for you. 

Our law offices are located in various cities in Florida for your convenience. We also provide night and weekend hours, as we know that life does not always happen between 9am and 5pm. Our phone lines are answered 24 hours a day.

Please call us at (888) 484-5057 to set up your free initial appointment with one of our highly qualified attorneys. We know we will be a great fit for your case, and we look forward to meeting with you!

RESULT: After intense negotiations with the State, our Musca Law Criminal Defense Attorney obtained a No Conviction on the Charge of Possession. Two traffic tickets issued for unsafe vehicle conditions were dismissed!