Legal Question in Criminal Law in Florida

The police will often arrest someone on the charge of possession with intent to sell if they have individual baggies. However, unless your son made statements of intent to sell or they have any other independent evidence of his intent to sell, the State will likely drop the charge down to possession of cannabis under 20 grams which is a 1st degree misdemeanor. Because this is his first adult case, he will likely be eligible for pre-trial diversion. However, he will also have to deal with the juvenile VOP as a separate charge.

The mere accusation of a law enforcement officer making the arrest on your son that he was in possession of marijuana with the intent to sell or deliver will not be the determining factor as to whether the State Attorney�s Office files formal charges that mirror that offense. As such, I recommend you act quickly and retain an attorney to represent your son, as he or she may be able to influence the charging decision in this case, thereby making it easier to deal with the offense once the charges have been finalized. As for the possibility of a reduction, that�s always possible. The real question is the probability of that reduction being made, which will turn largely on the facts and circumstances surrounding the offense and what your son�s attorney can do to put it into the proper context.

Feel free to contact my firm should you wish to discuss things further. I have thirteen years of criminal law experience and deal with the majority of my firm�s cases involving juvenile and first time offenders.