Legal Question in Criminal Law in Florida

If he goes to court this will always be on his record, with one exception. If he gets a withhold of adjudication then he may be eligible to get the charge sealed. However, that is a separate proceeding. It may be possible that there are issues regarding the search or seizure of the marijuana that would allow the charge to be dismissed. A possession charge is very serious and I strongly suggest you get an attorney. Additionally, there could be a 2 year license suspension as well so you should leave nothing to chance. I practice in Pinellas county so feel free to give me a call and I can help your child with his case.

Your son has two issues: First, there is the open charge. The misdemeanor marijuana charge could lead to jail, probation, license suspension, or a mixture of the three. The open charge must be handled first.

Once that is done, then you can go about trying to get the charge sealed or even expunged. Whether it can be sealed or expunged depends on what happens with the first issue above!

Your son needs to realize that just because he received a citation, the charge is just as serious as if he was arrested. Whether to arrest or not is purely in the officer's discretion, but the case will be forwarded to a prosecutor regardless.

Best of luck!

Christian Denmon

Tampa criminal lawyer