While many states across the country have relaxed laws regarding the possession and use of cannabis, Florida has been slow to follow this trend. Indeed, the state only began to allow medicinal marijuana in 2017, and Florida cannabis laws are some of the harshest in the country. The possession of marijuana can be either a misdemeanor or a felony, depending on the amount and the circumstances surrounding the possession. As a Brevard County marijuana possession lawyer, I proudly represent people who have been arrested for the possession of marijuana. For the past 14 years, I have been helping my clients defend their freedom through my aggressive style of representation, and I look forward to meeting with you to explain how I can help.
While Florida has legalized medicinal marijuana, its laws regarding the recreational use of the drug are very harsh. Generally, the possession of up to 20 grams is considered a misdemeanor offense that is punishable by up to one year in jail and a $1,000 fine. The possession of drug paraphernalia, such as a pipe or bong, is also a misdemeanor offense.
If the amount of marijuana possessed is greater than 20 grams, or if there is evidence to suggest that the person possessing the drug was selling it, the crime becomes a felony offense. Sentences for felony possession of marijuana in Florida range significantly, depending on the amount. For example, the possession of up to 25 pounds (or 25 plants) carries a sentence of up to five years in jail and a fine of $5,000. A marijuana possession attorney in Brevard County can help a defendant fight to avoid these harsh penalties.
Too often, people facing marijuana charges believe that they cannot do anything to fight the charges and that a conviction is inevitable. However, that is not the case. In fact, there are often several strategies or defenses available. One common way to beat a marijuana charge is through a motion to suppress.
A motion to suppress is typically based on the Fourth, Fifth, or Sixth Amendment to the United States Constitution, as well as the broader protections of the Florida Constitution. The goal of a motion to suppress is to convince the court that the evidence obtained by police was obtained illegally. In most cases, this implicates the Fourth Amendment, which protects us against “unreasonable searches and seizures.”
Police officers must have an adequate justification under the circumstances to conduct a traffic or pedestrian stop, or to search a person or their property. If a police officer stops someone or conducts a search without a sufficient basis for doing so, a Brevard County marijuana possession attorney can help them bring a motion to suppress. If it succeeds, the stop or search will be considered illegal, and any evidence that was obtained as a result of the stop or search cannot be admitted at trial. In most cases, when a court grants a motion to suppress, the marijuana charges will be dropped because there will be no admissible evidence showing that the defendant possessed the drug.
Of course, going to trial is not always the right strategy. Sometimes the best thing that an attorney can do for his client is to work out the best deal possible. This may mean applying for a client’s admission into a diversionary program or negotiating an offer for probation. I am both a skilled negotiator and an aggressive advocate for my clients.
If you are currently facing marijuana charges, give me a call. Since 2006, I have been standing up for the rights of people facing criminal charges. Throughout this time, I have come to understand the effect that pending criminal charges can have on my clients’ lives, and I will take every step possible to lessen these burdens on your family and you. I work with people who need a marijuana possession lawyer in communities throughout Brevard County, including in Melbourne, Cocoa, Cocoa Beach, Merritt Island, Rockledge, Cape Canaveral, Titusville, Palm Bay, Satellite Beach, Indian Harbour Beach, West Melbourne, Melbourne Village, Melbourne Beach, Indialantic, Palm Shores, Grant-Valkaria, and Mims. To learn more, and to schedule a free consultation today, give me a call at 321-254-3455 or 321-576-8398.