Important Facts about Marijuana Possession in Florida
By Parks & Braxton, PA
May. 2, 2011 1:56p
Marijuana users should know that in Florida, if you get caught smoking, you can be charged with misdemeanor possession in which case the penalty for this offense is up to one year in jail, up to a $1,000 fine and your driver's license can be suspended for up to two years. These are the maximum penalties.
Factors That May Influence the Penalties
As these are the maximum penalties, you could be given almost anything in between and the following factors can influence the severity of your sentence if you are convicted:
- Geographical location: Oddly enough, if you are charged with a misdemeanor possession in Miami, you will receive a lighter sentence than if you were charged with in some other area like Brooksville. Due to the larger concentration of people in Miami, there is less time to deal with these types of cases and they will thereby carry a lesser penalty so as to resolve the case more quickly. In smaller locations, the courts are not so burdened and have more time available for each individual case.
- Your previous history: If you already have a criminal record and have been convicted before for possession, the courts will feel that you may need a stiffer penalty, possibly even jail time in order to change your behavior.
- The judge: Each judge is different and some judges will typically want to give harsh sentences for drug charges and may exercise their right to sentence you to up to a year in jail; other judges may allow you to pay fines and costs related to the incident and omit a jail sentence.
- The prosecutor: Prosecutors will normally go with what is considered the norm in terms of penalties for the particular court they are working in however they can manipulate it in other ways, especially if the defendant is not represented by an attorney.
Many people after being charged with possession of marijuana will accept the state's offer and plea at their arraignment and this can be a bad mistake. An experienced attorney knows the different defenses that can be utilized and will work with you to avoid a conviction.
If you or someone you love in the Fort Lauderdale area has been charged with a drug crime, you need to get help from a Ft. Lauderdale criminal defense attorney as soon as possible. At Parks & Braxton, PA, we offer experienced, aggressive criminal defense including drug crime charges. Your freedom and future are at stake when you are facing drug crime charges and you will need skilled representation. We offer free consultations and can sit down with you to go over the details of your case. Contact a Fort Lauderdale drug crime lawyer in our office to set up a consultation today.
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