The Law Offices Of Kevin J. Pitts
Deland Possession of Marijuana Lawyer
Deland Drug Possession Attorney
In America we have an odd relationship with marijuana. Many people use it, some people believe it is a miracle cure for numerous ailments and some states say it is perfectly legal if prescribed. With this laissez faire attitude why should you hire a Deland marijuana possession lawyer? The federal government classifies marijuana as a schedule one controlled substance. Schedule one substances are defined by the federal government as having the highest potential for addiction and no known medical use (other schedule one drugs include Heroin, MDMA and LSD). This classification might not be accurate but if you get caught with marijuana, the federal and state government’s war on drugs will be waged against you. For Volusia County marijuana possession cases you also have to look at Florida’s treatment of drug offenses. Florida does not allow marijuana possession for medical purposes. Florida has laws in place to suspend your license for two years if adjudicated guilty for a drug offense including misdemeanor possession of marijuana. When you combine the federal and state penalties for a Deland possession of marijuana case your ability to drive, and go to school with federal financial aid, and receive housing assistance all depend on the result of your case. That is for a misdemeanor Deland marijuana possession under 20 grams. A withhold of adjudication will save you from some of the state sanctions but not the federal restrictions on student loans and housing assistance. If you are not a United States citizen being caught once with over 30 grams of marijuana or twice regardless of the amount can classify you as an aggravated felon. As an aggravated felon you would be subject to deportation. A felony drug possession can eliminate your right to vote and right to possess a firearm.
Let’s take a Deland misdemeanor drug possession charge for an example. You get arrested in Deland for a drug possession charge ( Deland misdemeanor possession of marijuana under 20 grams, Deland felony possession of marijuana over 20 grams, Deland felony possession of a controlled substance, and Deland unlawful possession of prescription drugs……). The first fear you have is going to jail. The next fear you have is being stuck on probation. You think about hiring a Volusia County criminal defense attorney but decide you can handle it alone. You walk into court and the offer is adjudication of guilt and pay $350. You can’t believe your luck and instantly take the generous offer. Two weeks later you receive a letter in the mail notifying you of a two year 893 suspension of your driver’s license. You go to enroll for your next semester of classes and find out that you are no longer eligible for federal financial aid. A drug conviction can have other far reaching consequences for public assistance. If the charge is a felony you could be disenfranchised (lose your right to vote). Deland drug possession attorney Kevin J. Pitts is a former Volusia County prosecutor. Mr. Pitts understand the collateral consequences of your case and can fight and negotiate to help ease the impact on you.
Volusia County marijuana possession lawyer Kevin Pitts has a background arguing both sides of traffic stop motions. If the stop is illegal then your case could be dismissed. It is also possible to use motion practice to attach risk to the case for the prosecution. If the prosecutor feels they might not be able to prevail they will be more likely to negotiate the case. Negotiating from a position of strength can greatly improve the offer in your case. With a valid stop the state still must have a reason to search for drugs. If the accused is held for longer than necessary the search might not be valid. If the stop and search is valid the state must prove dominion and control and knowledge. These arguments are fact specific, but depending on the location of the drugs, ownership of the vehicle and parties in the car they could create issues to litigate in your case. The drugs must be properly tested and in some cases weight can be an issue. This creates numerous areas to challenge in a Daytona Beach marijuana possession case. If your case is dismissed or diverted the federal and state actions against your rights and privileges will be avoided. Your driver’s license will be protected, your eligibility for student aid and housing assistance will be maintained and a criminal record would be avoided. Attorney Kevin J. Pitts handles Volusia County drug possession cases and Daytona Beach DUI cases.