Legal Question in Criminal Law in Florida

Hello,

It depends on how each count is charged, and where it happened.

Also, your prior record will play a big role in any plea negotiations.

Possession of a controlled substance can be charged as a 2nd degree felony, which

would make the maximum sentence up to 15 years in prison on one count.

Each count can be consecutive.

If you have more questions about your particular case, you may

contact me at

239 SWFL LAW

239 793 5529

I'll break each of the charges down for you so it will be easier to read and understand. If you have any specific questions, please feel free to contact my office, which is in Cleawater (across the street from the Pinellas County Jail and Courthouse), and I would be more than happy to assist you and/or provide you with a free consultation to discuss your case(s).

The joint should definitely be less than 20 grams of marijuana, so that is a First Degree Misdemeanor punishable by up to one (1) year in the County Jail and/or one (1) year of probation and/or a $1,000 FIne.

The two (2) Methadone pills, assuming you do not have a valid prescription, will be charged as Possession of a Controlled Substance, which is a Third Degree Felony and is punishable by up to five (5) years in State Prison or Felony Probation. It is NOT a Second Degree Felony as the previous answer indicated.

The one Xanax pill and the trace amount of Cocaine are also going to be charged as Possession of a Controlled Substance (assuming you do not have a valid prescription for the Xanax/bar (and I know you do not have a valid prescription for the Cocaine ;-) Those two charges will be added to the Methadone charge so you will most likely get three (3) total counts of Possession of a Controlled Substance (Felonies), along with the one count of Misdemeanor Marijuana.

Overall, based on that scenario, your total exposure will be 15 years in State Prison + one additional year in County Jail (that will always be run concurrent, so I wouldn't worry about the weed charge right now).

Your punishment will be determined according to Florida's Criminal Punishment Code (otherwise known as your "Sentencing Guidelines"), which will factor in your prior convictions. Both your current/new charges, as well as any prior charges, all have a point total. If you score more than 44 points, you will be looking at a "mandatory" State Prison sentence.

If your prior record is clean, or not that bad, you would most likely be looking at some form of a Drug Offender probation sentence (unless you've had a lot of prior Violation of Probations in the past, in which case you might be looking at a County Jail sentence for a term of months - up to one (1) year).

You really need to sit down and go over this with an experienced criminal defense attorney in your area. I'd be more than happy to help. I'll be in my office in about two hours if you have any questions or want me to walk you through all of this.

Please check out the Drug Offenses page on my website at: www.slavinlawfirm.com for more information.

You can also email me directly at: [email protected]

Good luck,

Aaron J. Slavin, Esq.

SLAVIN LAW FIRM, LLC

4707 140th Avenue North, Suite 211

Clearwater, Florida 33762

727.474.3785

1.877.HIRE.SLF

www.slavinlawfirm.com