Iwas wondering whatI could expect for a first offense possession of marijuana charge and paraphernalia?

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Iwas wondering whatI could expect for a first offense possession of marijuana charge and paraphernalia?

The cops were in my house, saw a pot seed and stem in ashtray, and then looked in box that I had on same table. They found less that 20 grams of pot and rolling papers and a pipe. I have a non-drugrelated felony from 14 years ago and I was issued a citation to appear in court for this misdemeanor. What sentence I could be looking at? Should I speak with a criminal defense attorney? In Lake County, FL.

Asked on October 25, 2010 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Frankly, whenever criminal charges are involved it is always advisable to have an attorney represent you. Skilled counsel can possibly arrange to get the charge dismissed on a procedural technicality or at least get it reduced.  Since you are a "first-time offender" you may be eligible for something known as "deferred adjudication" or "diversion" (or FL's equivalent).  If so, you will plead guilty to the charge, receive a special probation, and upon its successful completion the charge is withdrawn and the case dismissed.  If you stay out of any other trouble your arrest record will be "expunged" (ie cleared).  An attorney in your area can more fully advise you as to all of this.

Note:  Diversion is typically only allowed 1 time, so if your attorney can get the charge dropped, and if you unfortunately ever find yourself in a similar situation, diversion would be available to you then.


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