Legal Question in Criminal Law in Florida

misdemeanor marijuana possession

My son was in a car with friends and got pulled over for a traffic violation. he was not driving, there were 5 other boys in the car a marijuana was found 12 little bags in a sandwish bag, on the floor board of the car no one claimed it so the blamed it on the closest body to the bags which was my son. he was arrested, and i bonded him out 500.00 he goes to court nov.10.2003 what is the maximum punishment that he can get,on this violation. should he plead no contess. he was arrested the nite of is 18th birthday. he did get in some trouble as a juvinal, will this show up in court. please advise Thank you.. a concern parent..


Asked on 10/28/03, 6:43 pm

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: misdemeanor marijuana possession

I assume from the title of your question that the amount of marijuana found was less than 20 grams, and that your son is charged with just a misdemeanor. If so, the maximum is 1 year county jail and a $1000.00 fine. However, based upon the facts you gave, it is unlikely that the state will be able to prove posession by your son. He should plead not guilty and retain a lawyer. Have the public defender appointed if he cannot afford one. Even if there is evidence available that your son was in possession of the drugs, there may be a diversion program available which would cause the charges to be dismissed after he completes the program. Also, the evidence may have resulted from an unlawful search, and could be thrown out. A conviction of possession of any illegal drugs carries a 2 year driver's license suspension. This is a matter which warrants evaluation by an attorney after all of the information is available. Pleading "no contest" may be the answer at the end of the discovery process, but it's a terrible idea at this time.

You may call me if you have further questions. (877)993-1700. His juvenile record will show up.

Dan

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Answered on 11/03/03, 10:25 am


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