Legal Question in Criminal Law in Florida

My son was arrested with just over an ounce of Marijuana and a small scale. He was charged with 1. Posession of drug paraphanelia. 2. Sell/Man/Pos/Wint Schedule 1/11

He was at a gas station and sitting in the DRIVER's seat of a friends vehicle when he was approached by the undercover officer and asked for id. When he could not produce valid ID the officer told him to get out of the vehicle and proceeded to search him. He found 2 small bags in his pocket and then a full ounce of MJ with a scale in the vehicle. He admitted the pot found in the vehicle was his. He was also ticketed for illegal tints even though the vehicle is NOT HIS. Neither of his friends (the car owner) or the other passenger were arrested. They were simply searched and let go.

How serious is this and how can we plea bargain to a reduce charge? This is his first offense.

This took place in Ft Lauderdale, Florida.

He has attended a pre trial and was ordered to drug testing and to check in with the court twice a week.

He is currently not employed or working legally. He is working with a family friend doing pressure washing under the table.

Thank you


Asked on 2/01/10, 10:36 am

2 Answers from Attorneys
Joseph Vredevelt Best Vredevelt & Associates

Although it isn't a serious charge, it is still criminal in nature and can have effects in the future if any employers search his record. Additionally, if he takes a conviction to the charge, he will lose his license for two years. Their may be legal motions to suppress the arrest. I would need to read the arrest affidavit, as to why the police wanted to see his id and eventually search the car and arrest him. If you would like, I could answer any other questions you have.

All My Best,

Joseph Vredevelt

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Answered on 2/06/10, 11:13 am
Leland Garvin Garvin Law Firm

As this is a Felony charge it is important to take this case seriously and investigate all of your options.

Based on your report it sounds like he is overcharged and should only be charged with simple possession over 20 grams. This lower degree felony would reduce his exposure and would be a step in the right direction.

It sounds like there might be some issues that would support a motion to suppress the evidence which should be investigated.

Also, they have recently expanded the types of cases that would qualify for drug court.

My office is here in Broward, where I previously worked as a prosecutor; feel free to give me a ring or email if you would like to chat further.

Take care,

-Leland

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Answered on 2/06/10, 11:41 am


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