Legal Question in Criminal Law in Florida
is a certain charge considered a felony
is a pen casing with meth resadue used for smoking meth in the state of florida a felony charge
2 Answers from Attorneys
Re: is a certain charge considered a felony
If there is enough drug to get a positive lab test then it is Possession which is a third degree felony. If not it is probably a 1st degree misdemeanor.
Re: is a certain charge considered a felony
In my opinion this one is either a felony or nothing at all.
Unless it can be shown that the pen has been modified solely for smoking some type of drug, it would be tough for the state to get a conviction.
If this is in Broward County it will definitely be a felony, as they prosecute all residue cases.
Give me a ring if this is anywhere in South Florida.
Take care,
-Leland 888.524.2426
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