Police were called to an apartment complex swimming pool facility. Residents of the complex reported two underage males drinking alcohol and smoking marijuana. Officers made contact with the two male suspects and noticed the odor of marijuana on the defendant. The defendant stood up and a cigarette fell to the ground. The 18-year-old college student was placed under arrest and charged with Possession of Marijuana.
Possession of Marijuana
In Florida, possession of marijuana is a misdemeanor. Possession can be actual, in which case a person has it on them or constructive where the person has control over it but it is not on them.
Penalties of Possession of Marijuana
Marijuana is a Schedule I drug. Penalties for this include a fine of $1,000, up from one year in jail and one year of probation. The offender could also lose their driver’s license for one year.
However, if you have more than 20 grams of marijuana on you, the penalties are stricter. This will include a $5,000 fine and 5 years in jail. This will be listed as a felony on your criminal record. Besides the penalties, there will be other steep consequences for this charge as well. You will be required to mark the box on any application asking if you have been convicted of a felony. If you do not and lie, you will face steep consequences.
You will face a hard time finding employment if you have a felony against you. It could also be hard to find a place to live, as landlords may not accept felons. Those that have a felony will also not be allowed to vote nor will they be able to hold certain professional licenses.
Defenses of the Possession of Marijuana Charges
There are various defenses that can be used for possession of marijuana, including the following:
- Lack of evidence
- No Miranda Rights Read
- Illegal search and seize
- Mistaken Identity
- No actual or constructive possession of marijuana
Musca Law Firm
If you have been charged with possession of marijuana or any other controlled substance, Musca Law Firm wants to hear from you. Our attorneys are very seasoned when it comes to drug charges and we would be honored to fight for you. We accept phone calls 24 hours a day, 7 days a week and have night and weekend hours as well. Our offices are located in several Florida cities such as Tampa, Clearwater, Fort Myers, Naples, New Port Richey, Orlando, and many others.
Our attorneys will put together a strong and strategic defense for your case and go head-to-head with the prosecution on your behalf. We will fight to find a favorable outcome for you.
Please call us at (888) 484-5057 today. We look forward to hearing from you and serving you.
RESULT: Our seasoned criminal defense attorneys aggressively challenged the evidence against our Client and negotiated with the State Attorney assigned to his case. The State withheld adjudication on the charge of Possession, sparing our Client the serious consequences of a conviction!