Legal Question in Criminal Law in Florida

Possession under 20 grams

I was pulled over and searched a few weeks ago, the cop found a small bag of marijuana in my glove compartment. He lied and told me that he pulled me over for going 61mph in a 40, but I know that I was not going that fast. I am a juvenile so when my mom got to the scene and let me leave, neither of us had signed anything or left with any kind of paperwork. I got something in the mail to call me into an interview, and the same day I got a letter from a police officer that came to my house saying I needed to go to court on the 28th of august. The woman at the interview said that I was probably going to get probation, but I don't smoke pot. I explained to her I hadn't smoked since 2005, and I had those charges expunged. Is there any possibility I won't be put on probation? Also, the judge is the same judge I had from when I was on drug court last year, isn't that a conflict of interest?


Asked on 8/22/07, 11:56 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Possession under 20 grams

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.

First, it is not a conflict if you have the same judge. There are limited judges with many defendants and the chances are the judge will not even remember you unless you did something to make yourself memorable.

If drugs or marijuana were found in the car, it will not just go away. Either you will be placed in a diversionary program or go to trial. If guilty, there will be some form of punishment or probation is you are lucky. This is the real world and you have to be man enough to face the consequences of your actions.

Scott R. Jay, Esq.

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Answered on 8/23/07, 12:56 am


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