Dade City & Zephyrhills Possession of Marijuana Attorney
In the State of Florida, the offense of Possession of Marijuana less than 20 grams is a first degree misdemeanor. The punishment is up to one year incarceration in the county jail, up to a $1000 fine, and a two-year driver’s license suspension.
Contact the Madonna Law Group to discuss your case and the defenses available to you. Our law firm offers free initial consultations on all criminal cases.
The Dade City & Zephyrhills Possession of Marijuana defense attorneys are available today to start working on your defense.
Don’t Lose Your Driver’s License for 2 Years
WARNING: A conviction for Possession of Marijuana, or any drug offense under Florida Statute 893.13, will result in the suspension of your driver’s license for two (2) years. This suspension is administered by the Department of Highway Safety & Motor Vehicles (DHSMV) and will occur regardless of whether the offense was related to driving or operating a motor vehicle.
Suppressing the Marijuana in Your Case
The Possession of Marijuana Lawyers at the Madonna Law Group will aggressively investigate the circumstances of your case and fight to have the marijuana seized in your case suppressed or “thrown out of court.” A motion to suppress marijuana is a dispositive motion, meaning that if the marijuana in your case is successfully suppressed it will result in a dismissal of the charges. The dismissal occurs because the State of Florida cannot pursue a Possession of Marijuana without marijuana that is admissible in court.
Call our law firm today to speak with a criminal defense attorney. Call (352) 567-0411 for a free initial consultation.
Reasons to Suppress the Marijuana in Your Case
There are potentially an unlimited number of reasons why the Marijuana in your case can be suppressed or thrown out of court. The following is a list of some of the reasons warranting suppression.
- Traffic stop conducted without probable cause or reasonable suspicion
- The police didn’t have consent to search you, your home or your vehicle
- The police didn’t have probable cause to search you, your home or your vehicle
- The police didn’t have reasonable suspicion to conduct a pat-down of your person
- The police didn’t have lawful grounds to order you out of a vehicle or residence
- Entrapment by a law enforcement officer
- Entrapment by a confidential informant working with the police
- The Marijuana was not in plain view
- The policed discovered the Marijuana after an interrogation in violation of your Miranda Rights
- The police violated your Constitutional Rights when serving an arrest warrant on you
- The police violated your Constitutional Rights when serving a search warrant
Prevent Severe Consequences of a Conviction
There are severe consequences you may suffer if convicted of Possession of Marijuana in the State of Florida. The following is a list of the potential consequences you face if you plead guilty or no contest to your marijuana charge.
Contact our law firm to get an experienced and aggressive marijuana lawyer working on your case.
A conviction may result in the following:
- A criminal history showing a conviction for a “drug” crime
- A two (2) year Driver’s License suspension
- One year in the county jail
- A $1000 fine
- Court Costs
- One year of supervised probation
- Drug Evaluation and Treatment as a condition of probation
- Random Urinalysis as a condition of your probation
- Community Service
- Disqualify you for Bright Future Scholarships
- Disqualify you for financial aid
- Disqualify you for public employment
- Ineligibility for state licenses
- A three (3) year ban from receiving public housing assistance
- A five (5) year ban on your eligibility to adopt a child
- A five (5) year ban on your eligibility to become a foster parent
Actual Possession versus Constructive Possession
Actual possession of marijuana is defined as having immediate and direct physical control over the cannabis or marijuana. Construction Possession is when someone is not in actual possession but has the knowledge and control of the marijuana.
A potential defense to possessing marijuana available to you is that you were not in actual possession of the marijuana and the police cannot prove constructive possession. To prove constructive possession, the police officer must have evidence establishing you had knowledge of the marijuana and that you had control of the area where the marijuana was located. In many constructive possession cases, an admission by the person to the police can establish the required knowledge and control.
A common constructive possession case occurs when a law enforcement officer conducts a traffic stop on a vehicle that is occupied by more than one person and the vehicle contains a small amount of marijuana hidden in the vehicle. During a search of the vehicle, the police officer locates the marijuana and places every occupant of the vehicle under arrest for Possession of Cannabis.
In this scenario, if the occupants make no statements admitting to knowledge of the marijuana and control of it, the prosecutor representing the State of Florida will have a difficult time proving that the occupants had constructive possession of the marijuana. Contact our Criminal Defense Attorneys to get a free case evaluation to determine if this defense is available in your case.
Free Initial Consultation on All Marijuana Cases
If you have been arrested for Possession of Marijuana or Possession of Cannabis, contact an experienced criminal defense attorney at the Madonna Law Group. Our attorneys have defended criminal allegations in many Florida counties and cities and will travel anywhere in the State of Florida to defend you. This includes but is not limited to: Tampa, Wesley Chapel, Zephyrhills, Dade City, New Port Richey, Brooksville, Lakeland, Bartow, Plant City, St. Petersburg, Clearwater, Hillsborough County, Pinellas County, Pasco County, Polk County, Sumter County and Hernando County.
Call 352.567.0411 for FREE CONSULTATION
If you have been arrested or you believe you will be, contact an experienced Dade City & Zephyrhills Possession of Marijuana defense attorney. Schedule a free case review with the Madonna Law Group.