Legal Question in Criminal Law in Florida
I have a court date in Orange County for possession of cannabis. It is in 3 days and I'm still confused on wether or not I need a lawyer. This is my first offense and I thought I would only have to pay a fine. But Im hearing now I'm looking at jail time and possibly probation. Is there anything I can do to avoid any serious repercussion. And furthermore, get this misdemeanor off my record if convicted.
2 Answers from Attorneys
Your facing up to a year in jail and an additional one year license suspension. Yes, you need a lawyer.
Yes you need a lawyer! If you have a lawyer before that court date then you don't need to go.
It may be tempting to "take a deal" at your first court date but it is a mistake. There are so many possible legal defenses that you give up by taking a plea. There will be likely close to a hundred cases all set for the same time. The prosecutors will spend 30 seconds thinking about your case and making an offer. I know because I used to be a prosecutor in Orange County and I still work here doing criminal defense. The prosecutors will have several large boxes of files and they barely have any time to actually analyze an individual case. Did the police file reports with the state about your case? Was the evidence handled properly? Is everything being turned over on time? Can the State even prove the charges? These are all issues that could potentially get your case dismissed but you'll never know if you don't have a lawyer. It's sneaky but totally legal.
The truth is that any offer you get will still include lots and lots of fines/expenses/fees. The flip side to that is that you'll probably still get the same exact plea offer even if you don't take it at your first court date. The best thing to do is get a lawyer before your court date. If you can't afford a lawyer, go to your court date, plead NOT GUILTY, and ask for the public defender.
If this is your only case and the case is eventually dismissed then you are eligible to apply to get it expunged off your record.
I STRONGLY advise you plead not guilty and consult with a local attorney before accepting any deal or even going to court. Most of us defense attorneys offer free consultations.
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