Legal Question in Criminal Law in Florida
felony - controlled substance
My friend was recently arrested with:
6 felony charges of posession of a controlled substance greater than 10 grams
and
1 misdemeanor charge of posession of paraphenelia.
I was wondering #1. what mandatory sentences these charges have #2, if no mandatory, what are the min and max punishments, and #3 does it matter what drug it was?
I haven't spoken with him yet but it was probably heroin or cocaine.
Thank you.
3 Answers from Attorneys
Re: felony - controlled substance
Max is 6 years (5 for the controlled substance and 1 for the marijuana). If this is a first arrest, he/she will certainly not get that. The state attorney will likely offer a pretrial diversion program or some kind of drug program. As long as he/she is not adjudicated guilty the record can be sealed or expunged after all court requirements are met.
Nicolas
Re: felony - controlled substance
Your friend needs to retain an attorney on this one.
Re: felony - controlled substance
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
A person's possible sentence depends on which drug they were charged with and what their prior criminal record is. Points are assessed for prior convictions and will count against a party when found guilty of a new crime. Your friend needs to retain counsel to represent him in this matter.
Scott R. Jay, Esq.
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