In Florida, marijuana possession under 20 grams is a serious criminal offense that can have significant consequences for individuals found guilty. This article will delve into the relevant statutes, definitions, penalties, and legal processes associated with this felony charge. Additionally, we will address common FAQs and emphasize the importance of seeking legal representation, highlighting Musca Law, P.A.'s commitment to defending the accused throughout Florida.
Understanding the Statutes and Definitions
Florida Statute 893.13 outlines the state's laws regarding controlled substances, including marijuana. Specifically, possession of marijuana under 20 grams falls under this statute. Marijuana possession is defined as knowingly having control or dominion over the substance.
The statute sets the threshold at 20 grams, making possession of any amount below this limit a criminal offense. It's crucial to note that even small amounts of marijuana can lead to felony charges in Florida.
The Crime According to Florida Statutes
Marijuana possession under 20 grams is considered a felony offense in Florida. The severity of the charge underscores the state's stringent stance on drug-related crimes. Individuals found in possession of marijuana may face prosecution and potential conviction, resulting in life-altering consequences.
The penalties for marijuana possession under 20 grams can vary depending on factors such as prior criminal history and mitigating circumstances. However, common consequences include:
- Felony conviction on one's record
- Potential imprisonment
- Significant fines
- Probation
- Loss of certain rights, such as voting and firearm ownership
- Difficulty securing future employment or housing due to criminal record
- Potential impact on immigration status for non-U.S. citizens
It's essential to recognize that the repercussions of a felony conviction extend beyond the legal realm, affecting various aspects of an individual's life.
FAQs:
Q: Can I be arrested for marijuana possession under 20 grams in Florida?
A: Yes, possession of any amount of marijuana under 20 grams is illegal in Florida and can result in arrest and criminal charges.
Q: What should I do if I'm arrested for marijuana possession?
A: If arrested, it's crucial to remain silent and seek legal representation immediately. Contact a qualified criminal defense attorney to protect your rights and explore defense strategies.
Q: Is marijuana possession a felony in Florida?
A: Yes, possession of marijuana under 20 grams is considered a felony offense in Florida, subjecting individuals to severe penalties upon conviction.
The Criminal Case Process
The criminal case process for marijuana possession under 20 grams typically involves several stages:
- Arrest: Law enforcement officers may arrest individuals suspected of marijuana possession.
- Booking: The arrested individual is processed into the criminal justice system, including fingerprinting and photographing.
- Charges: The prosecution formally charges the individual with marijuana possession under 20 grams.
- Arraignment: The defendant appears in court, enters a plea, and may request legal representation.
- Pre-trial Proceedings: Both the prosecution and defense gather evidence, negotiate potential plea deals, and prepare for trial.
- Trial: If the case proceeds to trial, evidence is presented, and the judge or jury determines guilt or innocence.
- Sentencing: If convicted, the court imposes penalties, which may include imprisonment, fines, probation, or other consequences.
- Appeals: Defendants have the right to appeal a conviction based on legal errors or other grounds.
Why You Need an Attorney
Navigating a criminal case, especially one involving felony charges like marijuana possession under 20 grams, can be daunting. An experienced criminal defense attorney can provide invaluable assistance at every stage of the process. An attorney can:
- Provide legal guidance and representation
- Investigate the circumstances surrounding the arrest
- Develop defense strategies tailored to the individual case
- Negotiate with prosecutors for reduced charges or sentencing
- Advocate for the defendant's rights in court proceedings
Marijuana possession under 20 grams is a felony charge in Florida with severe consequences upon conviction. Understanding the statutes, penalties, and legal processes associated with this offense is crucial for individuals facing criminal charges. By seeking legal representation from Musca Law, P.A., defendants can assert their rights and work toward a favorable resolution of their case. Don't face marijuana possession charges alone—call Musca Law, P.A. today.
Call Musca Law, P.A. at 1-888-484-5057 for Your Free Consultation
If you or someone you know is facing marijuana possession charges in Florida, don't wait to seek legal help. Musca Law, P.A. is here to provide aggressive defense and personalized representation. With 30 office locations throughout Florida, our team of experienced attorneys is dedicated to protecting your rights and pursuing the best possible outcome for your case. Contact us for a free consultation 24/7/365 at 1-888-484-5057.