Orlando Marijuana Possession Penalties
What you can expect if you are charged with misdemeanor pot possession.
One of the biggest questions people ask that are directed to my website is "what are the penalties for misdemeanor pot possession in Florida?" The easy answer (and the correct answer) is that you are looking at up to one year in jail, up to a $1,000.00 fine, and up to a 2-year drivers license suspension. That is the maximum penalties along with the collateral driver's license suspension enforced through the Department of Highway Safety and Motor Vehicles.
What is the realistic outcome of my misdemeanor pot charge (in Florida)?
This question is what everyone really wants to know and it is a bit harder to answer. Although there is a maximum penalty (noted above) there is no specific penalty for misdemeanor pot possession. This means that anything between zero jail and 365 days in jail is a possibility. What you are looking at, if you are facing this charge, depends on the following factors:
Location
Believe it or not, a misdemeanor pot charge will tend to have a lighter sentence in Miami than in, say, Brooksville. This is due to volume. Miami has a much larger population, more offenses are charged there, and less time is available to deal with this type of case. Therefore, a case in Miami will carry a minimal penalty to try and resolve the case quickly. In smaller more rural areas the court system is not as overburdened and more time will be put into each case.
The Prosecutor
Usually, within a given judicial circuit, there will be a known/common resolution to these types of cases. A prosecutor will typically pick up on how the court deals with these cases and that will usually be the offer given. However, there is a small percentage of prosecutors that may try to manipulate the offer depending on if the defendant is pro se (not represented by an attorney). This usually occurs at the arraignment where a prosecutor may offer just a fine but add an adjudication of guilt. An adjudication would require a 2-year driver's license suspension - something usually not asked for in these cases. I make it my personal goal to keep my clients' drivers license valid - and if it's not I will try to get it back for you.
The Judge
Some judges have certain fixations for specific crimes, drug offenses being one of them. As long as a judge does not issue an illegal sentence it is legal. This means that even though other judges in the judicial circuit may only issue a fine and costs, one judge may require several days (up to 365) in jail. This would be a legal sentence, however, it would not be a sentence I would agree to - that would be a trial. As your attorney I will advise you of all your options.
Your Prior History
By far the biggest factor will be your prior criminal history. If this is not your first misdemeanor possession of pot case then expect the penalty to be different from your first case. Most Courts are pretty lenient on this offense until they realize that you have been in front of the courts before and "it hasn't seemed to help." A court can always resort to jail as a means of changing behavior. My goal is to always keep you out of jail.
Finally, - whether you give up on all your defenses.
Most people charged with misdemeanor pot possession go to their arraignment and immediately accept the state's offer and plea. This is the biggest mistake you can possibly make. In between your arrest and your arraignment you should take all your paperwork to a criminal defense attorney and have a consultation. There are defenses galore when it comes to possession cases and most people never seek out an attorney to see if they have one.
Common Outcomes for Pot Possession
In my experience, first time offenders are looking at anywhere from a minimum - fine and costs to a maximum - probation, fines, costs, counseling, and urinalysis. This is if you plea without an attorney or without exploring possible defenses. Multiple prior offenders will face more harsh penalties. In some counties, jail can be a real possibility even for first time offenders. Keep in mind the maximum legal penalties mentioned above. A judge can sentence a first time marijuana offender to 365 days jail and that would be a legal sentence.
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