Flaherty Defense Firm, Fort Walton Beach Criminal Lawyer
Offices in Fort Walton Beach, Destin, and Crestview
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Crestview Marijuana Attorney

Lifetime NORML MemberAfter a marijuana arrest in Crestview, it is normal to be worried about what is going to happen, and you may be thinking about alternative ways to get out of this mess. But I want to say something right up front. I do not represent snitches. If your plan to get out of this involves working for the police, call someone else. I will not be a part of that.

Someday, politicians will smarten up and legalize the recreational use of marijuana. Until that day, if you are caught with even a small amount, you will either be arrested or given a Notice to Appear in court. If you’re convicted of marijuana possession in Crestview, you face jail time, probation, fines, and possibly a 1 year suspension of your driver’s license.

My name is Tim Flaherty. I am a lifetime member of NORML, so I am happy to advocate for clients arrested for possession of marijuana. I have been defending locals, military members, and visitors in Crestview since 2001. Call me 24/7 at (850) 243-6097.

Marijuana Possession Under Florida Law

Under Fla. Stat. 893.13(6)(a), the actual or constructive possession of marijuana is illegal without a prescription.

Possession of marijuana can be characterized as either actual possession or constructive possession.

Is there a difference between Actual and Constructive Possession?

Actual possession means the person is aware of the presence of the substance and:

  • The substance is on the person, or
  • The substance is in a container in the hand of or on the person, or
  • The substance is so close as to be within ready reach and is under the control of the person.

Constructive possession also has three components:

  • The person is aware of the presence of the substance,
  • The substance is in a place over which the person has control, and
  • The person has the ability to control the substance.
  • An example of constructive possession: If you were stopped in a vehicle with several people inside, and drugs were found in the center console.

 What is the penalty for Marijuana possession in Crestview?

Possession of Marijuana is a misdemeanor offense if the amount is less than 20 grams. Possible penalties include:

  • Up to 1 year in jail
  • 1 year of probation
  • $1000.00 fine
  • Suspension of your driver’s license for 1 year
  • Loss of eligibility for federal financial aid

Possession of Marijuana is a felony offense if the amount is more than 20 grams, or if the police accuse you of intending to distribute, or deal, the marijuana. Possible penalties include:

  • Up to 5 years in prison
  • 5 years probation
  • $5000.00 fine
  • Suspension of your driver’s license for 1 year
  • Permanent felony conviction on your record
  • Loss of eligibility for federal financial aid

How will an attorney defend me if I am charged with Marijuana possession in Crestview?

After a careful review of the police reports, witness statements, and video evidence, I will look for possible suppression issues. I will research case law that is similar to the facts in your case to see if the police violated your rights against unlawful search and seizure under the 4th Amendment to the Constitution.

I will also negotiate with the prosecutor for a guaranteed dismissal if you complete a pretrial diversion program. This program assigns a set of conditions that must be completed, but it also guarantees a dismissal of your case if you complete the conditions.

Once the case is dismissed, I will also check your record to see if you are eligible for a Record Expungement. If you are eligible, I will file your expungement application for you, free of charge.

If you were arrested, or given a Notice to Appear, for Marijuana Possession in Crestview, call lifetime NORML member Tim Flaherty 24/7 at (850) 243-6097.

Florida Association of Criminal Defense Lawyers, Inc.
NORML
National Association of Criminal Defense Lawyers
9.8Tim Michael Flaherty
The National Trial Lawyers