Legal Question in Criminal Law in Florida
My son just turned 18, was at a house party with underage drinking and pot. The police searched him and he had two bags of pot on him with individual little baggies. He is now charged with possession with intent to sell marijuana. He had 2 grams on him, He is charged with a second degree felony due to the "intent to sell". Is it possible with legal representation to get the charged dropped to a misdemeanor? I thought since it was such a small amount it would not be a felony but he was charged with 2nd degree felony - what might his sentence be. He was also on juvenile probation at the time and has not finished his community service hrs. Will this be taken into account? The juvenile charge was possession of paraphenalia.
2 Answers from Attorneys
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.
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