Legal Question in DUI Law in Florida

Re: Underage Possession

Hello: I just read your question. If this happened in Fla. I can advise you on what happens. If it happened in Ohio, you should contact someone up there.

I have handled a few of these cases, one recently. Basically, if there is no other charge, the State Attorney's office will offer you the opportunity to enter an agreement for deferred prosecution. This is where you agree to some community service hours and perhaps some other minor hoops to jump through (tour of jail, etc.). Upon the completion fo these conditions, the State will drop the charge. So when you fill out applications in the future and it asks if you have been arrested, you have to say yes, but case was dropped. I don't want to sound like an idiot, but was this an actual arrest or did he give you a notice to appear in court later? It is odd that they would make an arrest for this minor charge. If it is an arrest (with no other charges) it could be because you are from out of town.

If the State does not offer you the diversionary program, you would have to go to court or have an attorney go for you. Don't worry, the State and the Court do not view this charge as that serious a crime. Usually, the State will offer a disposition in these cases of simply court costs, sometimes, community service hours.

The IMPORTANT thing is to get the State and Court to agree that the judge will WITHHOLD ADJUDICATION OF GUILT. This is not a conviction. An adjudication of guilt is a conviction. The significance of a withhold is Fla. law suspends minor's drivers licenses upon a conviction for this. Also, on future applications, you can say you have NOT been convicted of a crime. If this was in North Fla. and you need assistance, please contact my office. 'Hope this helps. Tom Rosenblum

Re: Underage Possession

what state is this in? FLA or OHIO

Call me directly if it happened in OHio:

216.952.1990