POSSESSION OF MARIJUANA

Initial consultations are free of charge.  Call attorney William B. Wynne today at 813-532-5057 to schedule an appointment.

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If you or a loved one have been arrested or charged with possession of marijuana, you should know that that there may be serious consequences.  Call Tampa criminal attorney William B. Wynne today for a free consultation.  Under Florida law, a conviction for possession of marijuana is a first degree misdemeanor punishable by up to 1 year in the county jail.  Additionally, a conviction will result in a two year driver’s license suspension.  The authorities may also seize certain property, and you may not be able to obtain federal student loans to pay for your education.  This ban on obtaining federally funded student loans may apply even if the judge and/or prosecutor agree to withhold adjudication on the charge.

The following includes a brief list of consequences:

  • Ineligibility for Florida Bright Futures Scholarships
  • Ineligibility for State and possibly Federal student aid.
  • You may be ineligible for public employment without enrolling in a drug treatment program for any conviction.
  • A potential three year ban on public housing for any misdemeanor or felony conviction.
  • A lifetime ban on the right to possess a firearm under Florida Law for any felony conviction (See Florida Statutes Section 790.23)


Defending Possession of Marijuana Cases:

When arrested and charged with any drug possession crime (including possession of paraphernalia) a skilled criminal defense lawyer can put the odds in your favor, and help you fight your case.  In any drug case, there may be important and effective defenses that can be asserted. Because of the nature of the interaction between a suspected drug possessor and law enforcement officers, a motion to suppress evidence is sometimes a viable defense. A motion to suppress evidence illegally obtained is essentially a legal challenge to the basis for the seizure and/or confiscation of the contraband.  When a defendant files a motion to suppress evidence, he is essentially asserting that his or her constitutional rights were violated as a result of the way the police initiated the arrest and/or seizure.  If the defense attorney is successful in persuading the judge that a constitutional violation occurred, the judge will enter an order suppressing and excluding all evidence that resulted from the search or seizure.  This usually results in the dismissal of your case.


Possible issues that can lead to the suppression (exclusion) of evidence:

  • Did the police have sufficient legal grounds to stop you or your vehicle, conduct a pat down of your person, or a search of your vehicle?
  • Can the State Attorney prove that you were in constructive possession, or did the cannabis belong to someone else?
  • Were your rights violated in the execution of a search warrant?
  • Did the police read you your Miranda rights before conducting an interrogation and eliciting a confession or any other damaging testimony?
  • Was the marijuana within plain view or easy reach?
  • Was your consent to search freely and voluntarily given, or the product of coercion?
  • Did the scope of the search exceed the scope of the consent given?

 

Possession of Marijuana (less than 20 grams) is a Misdemeanor offense in Florida. That means that it carries with it, up to a year in the county jail. Even for a first offense, it is not uncommon for Hillsborough, Pinellas, and Pasco prosecutors to ask for 12 months of probation.  A sentence of probation usually carries with it random urine screens, community service hours, court costs, and fines.  Additionally, should you violate probation, you face up to a year in jail minus any time you have already served.  Most offenders, who agree to probation, don’t understand the amount of time and money involved in serving a term of probation.  It can be a daunting task, and the penalties for non compliance, whether intentional or not, are severe.

Contact the Law Office of William B. Wynne, P.L.L.C.
Although the use and possession of marijuana is commonplace, the penalties are harsh. Attorney William B. Wynne represents clients accused of possessing marijuana throughout Florida.  Please call 813-532-5057 for a free consultation.


CALL  THE  LAW  OFFICE OF WILLIAM B. WYNNE TODAY AT  813-532-5057

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.