Legal Question in Criminal Law in Florida

Ecstasy mandatory charge as a felony?

A man,''Ted'' we will call him was involved in a traffic accident as a passenger. The driver as well as ''Ted'' was tested as twice the legal limit of alcohol. When the police arrived immediately they arrested the driver and rightfully searched the passenger who allegedly had an ecstasy tablet on him. His court date has been set for the first week of January of 2005 to determine if this crime will be charged as a misdemeanor or a felony. What are the penalties that he is facing if convicted of either, and what are the criteria for this to be considered a misdemeanor opposed to a felony charge. He has no prior record of any type and he is a 32 year old fire fighter. I thank you in advance for your assistance with this matter.


Asked on 12/19/04, 5:52 pm

3 Answers from Attorneys
W.F. ''Casey' Ebsary Law Office of W.F. Casey Ebsary, Jr.

Re: Ecstasy mandatory charge as a felony?

Ecstasy will almost always result in felony charges. This will be devastating to a career and should be fought vigorously.

Please call me toll free 1-877-793-9290 to discuss how we can help.

W.F. Casey Ebsary, Jr.

Attorney and Counselor at Law

112 South Magnolia Avenue

Tampa, Florida 33606

813.222.2220 Voice

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Answered on 12/19/04, 6:56 pm
Valerie Masters Valerie Masters, P.A.

Re: Ecstasy mandatory charge as a felony?

Possession of MDMA(Ecstacy) regardless of the quantity is a felony. 1 tablet would be a 3rd degree felony punishable by up to 5 years in prison. "Ted" should qualify for a diversion program which would result in the charges being dropped after 1 year and drug treatment.

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Answered on 12/19/04, 7:10 pm
Adam Frankel Adam Frankel, P.A.

Re: Ecstasy mandatory charge as a felony?

Possession of the ecstasy tablet is charged as a felony.

If it is a first time offense in either Broward or Dade "Ted" may be eligible for a Pre-trial diversion program.

Feel free to contact me at 561-302-5325 if you would like to discuss this matter further.

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Answered on 12/21/04, 10:29 am


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