Legal Question in Criminal Law in Florida

Re: Underage Possesion

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Nobody can tell you exactly what is going to happen. If October 5th will be the first hearing, the State will announce whether or not charges are going to be filed. They may offer you the opportunity to go into a diversionary program. If offered, take it immediately. Successful completion will have the charges against you dismissed.

If they choose to file charges, you will be given the opportunity to plead guilty or not. Past that, you will have to play it by ear or hire an attorney to represent you at the hearing or for the trial if there is one.

Scott R. Jay, Esq.

Re: Underage Possesion

They may dismiss the charges, give ut the option of going to a pretrial diversion proram or even adjuducate you. Under no circumstances should you accept an adjudicatiob og guilt or you will not be able to seal oe expunge it in the future

Re: Underage Possesion

Hello: I just read your question and one response from counsel. I figured I would add some more info. and my name if you need counsel in North Fla. Mr. Jay's answer is accurate as to the procedures leading up to Court. However, if you have a solid defense, i.e., you can prove it was not in your possession, you may not want to take a diversionary program or, if the case is filed, you may not want to enter a plea of guilty or no contest.

On the other hand, if you don't have a good defense or just would rather get this matter over with as soon as possible, you take the program or enter one of the pleas cited above.

The most important concern if you have to go to court and enter a plea is to ask for a WITHHOLD OF ADJUDICATION OF GUILT. This means the penalty was NOT a conviction. Since this is a very minor offense compared to others the State and the Court handles, and if you have NO prior offense, you would probably get a withhold of adjudication of guilt and perhaps ordered to pay court costs. One other important concern is whether there is a Ga. statute that would automatically suspend your driver's license because of a alcohol related offense by a minor. You should check with a Ga. lawyer if the case goes in that direction.

Sometimes, if there are compounding penalties such as a license suspension, we ask the State to amend the charge to something else and then we enter a plea. Here, you could ask the State to amend to breach of peace or something similar.

Given the above info., you can see why it is advisable to hire an atty. if the case is filed. 'Hope this helps. Tom Rosenblum. Jacksonville, Fla.