search
top
Currently Browsing: Drug Crimes

Florida Marijuana Possession

Arrested for marijuana possession in Florida?

Marijuana possession is one of the most common crimes faced by citizens in Florida. The intricacies of marijuana possession law make it extremely defendable, and with the right lawyer a charge such as this can be dismissed. According to the criminal defense lawyers at Flaherty Defense Firm, law enforcement can be especially overzealous when prosecuting marijuana possession cases, looking to make an example of those accused.

In Florida, the amount of marijuana you are arrested with is extremely important in deciding the legal classification of your case. Less than twenty grams is a first degree misdemeanor, and may result in one of several punishments. These include up to one year in jail, up to one thousand dollars in fines, and up to one year of driver’s license suspension. Smaller quantities such as this can often be plead out to a smaller sentence, but this type of deal requires the expertise and connection of a trained legal professional. Alternatively, possession of over twenty grams carries more extreme consequences. The potential prison time increases to five years, and the fines increase to five thousand dollars. A skilled lawyer is even more necessary in these cases, as they can reduce the penalties drastically.

Possession in Florida comes in two varieties, “Actual” and “Constructive”. Actual Possession means the marijuana is in the directly in possession of the person. This includes inside pockets or within reach, such as inside the glove compartment. Constructive Possession has a slightly different definition. The marijuana must be in a place the defendant has control over, or the defendant must have attempted to conceal it. Florida is somewhat unique in the fact that multiple people may be charged with “joint possession” of a substance. In this case, each person is considered to be in possession.

Understanding The Process of Expunging Drug Crimes

Being charged with drug crimes can have a wide range of consequences on an individual. For those who are seeking employment, it may lower your chances of getting a secure employment or desirable housing. Drug crimes come in different varieties from possession, selling, trafficking, and others. The website of James Powderly reveal that drug related offenses can be serious and can be life changing.

The good news is that your drug charges do not have to stay forever in your criminal record. Through expungement, your drug charges shall be removed from your record. The first step is to file a petition in the court you were charged in. You can seek the help of an attorney in preparing the petition. It is important to clear criminal record in order to remove the stigma of being charged with a drug crime and to be able to live a normal life. Most drug offenses are eligible for expungement of criminal record. Expunged clears conviction and arrest records and hence will not show up on background checks for employment.

Different states have different laws when it comes to expungement of criminal records. As such, it is important that you are aware of these rules when filing for expungement. In some cases, a convicted person will only have their records expunged after they have served out their sentence. If there is a good reason, a judge may shorten any probation in order to facilitate the early process of expungement.

It is worth noting that expungement does not give a guarantee of a criminal record being cleared. There are instances when police departments and licensing boards may still be able to see the expunged record of a prospective job applicant. People who have been convicted or arrested for drug crimes may have an easy path for expungement.

When arrested for drug offenses, the offender becomes eligible for diversion programs which pave the way for the expungement of their recrods after satisfactorily finishing the program.

top