Orlando Misdemeanor Marijuana Possession Lawyer
Orlando Possession Under 20 Attorney
What? Pot is illegal? Yes.
The general public treats marijuana differently than other drugs. Many people use marijuana in Orlando, some people believe it is a miracle cure for numerous ailments and some states say it is perfectly legal if prescribed. It’s still quite illegal in Orlando and the State of Florida and depending on the amount, can be a misdemeanor (under 20 grams) or a third degree felony (over 20 grams, or under 20 grams but in a bunch of baggies, or sent in the mail, etc), or higher, since with enough marijuana, one can be charged with trafficking or other crimes to enhance the penalties further (second and first degree felonies).
Should I hire you to be my attorney for my Orlando pot case? Yes.
With this laissez faire attitude should you hire an Orlando marijuana possession attorney? The short answer is YES. Call now: 407.504.1384 to speak to Orlando Marijuana Attorney Heiko Moenckmeier for your free consultation. The State of Florida treats possession under 20 grams as a misdemeanor punishable by a maximum of one year in jail, one year on probation, a combination of both, a fine of up to $1,000.00 and a two year revocation of your driver’s license. Third Degree Felony marijuana possession in Florida is punishable by up to five years in prison.
Are there Defenses? Yes.
Yes, there are many defenses available that may or may not apply to your case. We will evaluate your case for you and look for weaknesses in the State’s case against you.
Some of the things we look for: if the officers stopped, seized, interrogated, searched, or arrested you ILLEGALLY. This is more common than you think and super important, obviously. There are Fourth Amendment Issues that involve cars, driving, homes, apartments, helicopters, submarines, and boats. I know that sounds crazy, but the illegal stop case law applies to different degrees everywhere.
Fifth Amendment Issues- if your Miranda Rights were not read, were not read properly, were insufficient, and whether or not you knowingly, voluntarily, and freely waived, or if police coercion was involved AND YOU SAID SOMETHING THAT HURTS YOUR CASE (Inculpatory). There may be grounds to get your confession thrown out.
Even if we are not able to get the case dismissed, aggressive motion practice and the ability to understand the issues and be prepared for trial may ultimately lead to the dismissal of the case by the Judge or the State, or by the Jury, after trial. Let us help you.
Can there be Immigration Consequences? Yes.
The federal government classifies marijuana as a schedule 1 substance. Schedule 1 substances by definition of the federal government have the highest potential for addiction and no known medical use. 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. A conviction could be used to deport you if you’re not a United States Citizen. You will need to consult with an immigration attorney to further explore any deportation issues.
Florida has laws in place to suspend your license for two years if adjudicated guilty for a drug offense including misdemeanor possession of marijuana. This can even happen if you are not in a car and not driving. When you combine the federal and state sanctions for an Orlando possession of marijuana case your ability to drive, go to school with federal financial aid, and receive housing assistance all depend on the result of your case. That is for a misdemeanor Orlando possession of marijuana 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. An Orlando felony marijuana possession over 20 grams can eliminate your right to vote and right to possess a firearm. Call Orlando marijuana possession lawyer Heiko Moenckmeier and Kevin J. Pitts at 407-883-6853 to set up a free consultation.