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 by a doctor. With this laissez faire attitude why should you hire a Seminole County possession of marijuana attorney? The DEA has classified marijuana as a schedule 1 controlled substance. Schedule 1 controlled substances have the highest potential for addiction and no known medical use. The 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 Seminole County marijuana cases 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. The two year suspension applies even if you are walking down the sidewalk. The suspension is up to four times longer than a DUI suspension. When you combine the federal and state sanctions for a Seminole County possession of marijuana case your ability to drive, go to school with federal financial aid, receive housing assistance all depend on the result of your case. That is for a misdemeanor Seminole County possession of marijuana. 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 Seminole County misdemeanor drug possession charge for an example. You get arrested or issued a notice to appear for a Seminole County drug possession charge (Seminole County misdemeanor possession of marijuana under 20 grams, Seminole County felony possession of marijuana over 20 grams, Seminole County felony possession of a controlled substance, and Seminole County 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 Seminole County criminal defense attorney but decide to go it alone. You walk in the court and the offer is adjudication of guilt and pay $350. You can’t believe your luck this is great you 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 Seminole County 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). Seminole County drug possession attorney Kevin J. Pitts is a former prosecutor. Mr. Pitts understand the collateral consequences of your case and can fight and negotiate to help ease the impact on you.
Seminole County possession of marijuana attorney Kevin J. 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 state’s 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 Seminole County 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.