The United States has an odd relationship with marijuana. Many people use marijuana, 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 Daytona Beach marijuana possession attorney? 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. For a Daytona Beach marijuana case you also have to look at Florida’s position on marijuana. Florida has not legalized marijuana. 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 sanctions for a Daytona Beach 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 Daytona Beach 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. A felony marijuana possession over 20 grams can eliminate your right to vote and right to possess a firearm.
Let’s take a Daytona Beach misdemeanor drug possession charge for an example. You get arrested for a Daytona Beach drug possession charge (Daytona Beach misdemeanor possession of marijuana under 20 grams, Daytona Beach felony possession of marijuana over 20 grams, Daytona Beach felony possession of a controlled substance, and Daytona Beach 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 Daytona Beach criminal defense attorney but decide to go 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). Daytona Beach drug possession attorney Kevin J. Pitts is a former Volusia County prosecutor. Mr. Pitts understand the collateral consequences of your case and can fight or negotiate to help ease the impact on you.
Daytona Beach possession of marijuana attorney Kevin J. Pitts has a background arguing both sides of 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. If the prosecutor feels that they might not be able to prevail they will be more likely to negotiate the 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 Daytona Beach drug possession cases and Daytona Beach DUI cases .