Criminal Lawyer - Marijuana Possession

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1 Criminal Lawyer - Marijuana Possession Clearwater - New Port Richey - Tampa A Board Certified criminal attorney can fight your arrest for possession of marijuana. PENALTIES FOR POSSESSION OF MARIJUANA Depending on the amount of marijuana that a person possesses, marijuana possession can be either a misdemeanor or a felony. If you possess less than 20 grams of marijuana, it is a first degree misdemeanor punishable by a maximum of one year in jail and a $1,000 fine. If you possess more than 20 grams of marijuana, it is a third degree felony punishable by a maximum of five years in prison and a $5,000 fine. If you possess more than 25 pounds of marijuana, it is the crime of trafficking in marijuana, which is a first degree felony punishable by a maximum of 30 years in prison. Regardless of whether you are charged with a misdemeanor or a felony, your Florida driver's license will be suspended for two years if you are adjudicated guilty by the court of Possession of Marijuana. 1 / 5

2 AN EXPERIENCED CRIMINAL LAWYER CAN HELP Fortunately, there are many ways that an experienced criminal attorney can help you fight the drug charge of Possession of Marijuana. The United States Constitution protects citizens against illegal searches and seizures. The exclusionary rule makes any evidence inadmissable if it is obtained in violation of a person's constitutional rights. Therefore, even if you were in possession of drugs, your criminal lawyer can have the case dismissed if your rights were violated by the arresting police officer Here are just a few of the many questions that an experienced criminal defense attorney needs to ask in order to determine whether your rights were violated: Q: Did the police officer have reasonable suspicion to make an initial stop? Q: Was the stop's duration only temporary to allow the least intrusive means available to dispel the officer's suspicion in a short time? Q: Did the officer have a reasonable belief that you were armed and dangerous in order to frisk you for weapons prior to your arrest? Q: Did the police officer have probable cause to make an arrest? Q: Did the police officer obtain uncoerced consent to search your person or your vehicle? Q: Did the police officer search areas only within his lawful scope? 2 / 5

3 If the answer to any of these questions is no, then your rights were violated and the case against you should be dismissed! ELEMENTS OF CRIME OF POSSESSION OF MARIJUANA In order to convict a person for possession of drugs, the State Attorney has to prove two elements beyond all reasonable doubt (1) the Defendant was in possession of marijuana (2) the Defendant had knowledge of the presence of the marijuana. If the marijuana is found in a place in which a person does not have control, in order to prove constructive possession, the state must prove the person's actual control over the drugs and knowledge of its presence. However, mere proximity to the marijuana is not sufficient to establish control if it is contained in a place in which the person does not exercise control. Possession does not need to be exclusive. In other words, if two people are in joint possession, they can both be prosecuted. HIRE A SPECIALIST I am an experienced Board Certified Trial Specialist. Less than one percent of attorneys in Florida are Board Certified. Only Board Certified attorneys are permitted to call themselves specialists or experts in Criminal Law. Common sense dictates that you don't hire a family doctor to perform brain surgery - you hire a specialist. Likewise, because your freedom is at 3 / 5

4 stake, don't make the mistake of hiring a criminal lawyer who isn't recognized by the Florida Bar as a specialist in criminal law. Instead, hire a criminal attorney who is Board Certified. DON'T HESITATE TO CALL If you need a criminal lawyer because you are charged with possession of marijuana in Clearw ater, New Port Richey, or somewhere else in the Tampa Bay area, don't hesitate to call an experienced board certified criminal attorney. We offer Free Consultations and individually suited Payment Plans THREE CONVENIENT OFFICES Pinellas Office U.S. Hwy 19 N, St 505 Clearwater, FL Pasco Office 4 / 5

5 2150 Seven Springs Bvd. Trinity, FL Hillsborough Office 2203 North Lois Ave., Ste 900 Tampa, FL / 5