Cannabis Defense Lawyer
If you have been charged with any type of cannabis charge please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your cannabis charge dismissed or reduced.
Mandatory 1 Year Driver License Revocation
A conviction for any type of misdemeanor or felony cannabis charge causes a mandatory 1 year driver license revocation. It does not matter if a car was involved in the incident that lead to the cannabis charge, the one year driver license revocation will still be imposed as a result of the conviction. If you would like to know what can be done to avoid the 1 year driver license revocation call Chris at 407-740-8300 to discuss your cannabis case.
Former Cannabis Prosecutor
As a former cannabis prosecutor Chris has an understanding of what can be important to the prosecutor in your cannabis case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your cannabis case.
Cannabis Defense Lawyer Since 1999
Chris has been defending individuals charged with all types of cannabis charges since 1999. Being a cannabis defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors that handle cannabis cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your cannabis case.
Different Cannabis Defense Lawyers Get Different Results
When you have been charged with any type of cannabis charge you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A cannabis conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.
Information About Cannabis Charges
Definition of Possession
Possession may be actual or constructive. Actual possession means the cannabis is in the hand of or on the person, or the cannabis is in a container in the hand of or on the person, or the cannabis is so close as to be within ready reach and is under the control of the person. Mere proximity to the cannabis is not sufficient to establish control over that cannabis when the cannabis is not in a place over which the person has control. Constructive possession means the cannabis is in a place over which the person has control, or in which the person has concealed it. If the cannabis is in a place over which the person does not have control, in order to establish constructive possession the State must prove the person’s control over the cannabis, knowledge that the cannabis was within the person’s presence and knowledge of the illicit nature of the cannabis.
Possession Of Under 20 Grams Of Cannabis
Possession of less than 20 grams of cannabis is considered a first-degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine.
Possession Of 20 Grams Or More Of Cannabis
Possession of 20 grams or more but less than 25 pounds of cannabis is considered a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.
Possession With Intent To Sell Or Deliver Cannabis
Unless legally authorized, it is unlawful for any person to possess with intent to sell, manufacture, or deliver, a controlled substance. Sell means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Deliver or delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. Controlled substance means any substance named or described in Schedules I-V of Florida Statute section 893.03. Possession with intent to sell or deliver is considered a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.
Purchase Of Cannabis
Unless legally authorized, it is unlawful for any person to purchase or possess with intent to purchase a controlled substance. Controlled substance means any substance named or described in Schedules I-V of Florida Statute section 893.03. Purchase of cannabis is considered a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.
Sale Or Delivery Of Cannabis
Unless legally authorized, it is unlawful for any person to sell, manufacture, or deliver, a controlled substance. Sell means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Deliver or delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. Controlled substance means any substance named or described in Schedules I-V of Florida Statute section 893.03. Sale or delivery of cannabis is considered a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.
Evidence
In order for the State of Florida to prove you committed a crime, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:
- Where was the cannabis located?
- How many people had access to where the cannabis was located?
- Was the cannabis weighed properly?
Constitutional Rights
The United States Constitution and the Florida Constitution both guarantee that people be free from unreasonable seizures and searches. An unlawful stop and/or seizure may cause evidence in your case to be inadmissible. An unlawful search in your case may cause evidence to be inadmissible. The United States Constitution and the Florida Constitution both also guarantee that people be free from self-incrimination. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:
- Were you stopped and/or seized for a lawful reason?
- Did the police officer have the right to search your person, property or vehicle?
- Were you read your Miranda rights?
Cannabis Penalties
A conviction for a cannabis charge can result in many different penalties. It is important for you to know what penalties you may be facing. Some of the penalties for a cannabis charge conviction may include:
- Time in Jail or Prison
- Probation
- Mandatory 1 year loss of your driving privileges
- Drug Counseling
- Random Drug Testing
- Community Service
- Fines
- Cost of Investigation
- Cost of Prosecution
- Court Costs
*Please note all program costs and fees are subject to change without notice.*
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