Legal Question in Criminal Law in Florida

Ecstasy possession, felony or misdemeanor?

Posted earlier, but edited:

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 and he too was arrested but received a $5,000 bail. 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 whose job is in jeopardy.Although this accident occured very recently he has already been admitted to a rehab program. I am most concerned as to why they need a sentencing as stated to determine whether this will be a felony or misdemeanor becuase to my knowledge any ecstasy charge is automatically a felony. Is there any way he will not lose his job? I thank you in advance for your assistance with this matter.


Asked on 12/19/04, 9:56 pm

2 Answers from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: Ecstasy possession, felony or misdemeanor?

To start, possession of MDMA (Ecstacy) is a felony offense, regardless of the amount. So Ted has not given you all the facts.

Second, I think any good lawyer would see that there is a major suppression issue present. Specifically, why in the world did law enforcement search Ted if he was just the passenger. I can think of few, if any, legal reasons for such a search in a DUI, even if injury or deaths occurred.

Finally, yes he could lose his job, whether it is a public or private sector job, almost any employee can be fired for engaging in criminal conduct, even if it occurs off duty.

I would suggest hiring a criminal attorney promptly, as you appear to have a possible legal defense available.

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Answered on 12/19/04, 10:15 pm
Valerie Masters Valerie Masters, P.A.

Re: Ecstasy possession, felony or misdemeanor?

Im not sure what the new question is. Ecstacy is always a felony. The are a variety of sentencing options including probation. The maximum is 5 years in prison, but as a first time offender he will not get prison. You would have to speak to his employer about keeping his job.

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Answered on 12/20/04, 9:39 am


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