Orlando Possession With Intent To Sell Or Deliver Cannabis Wax Defense Lawyer

If you have been charged with possession with intent to sell or deliver cannabis wax in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your possession with intent to sell or deliver cannabis wax charge dismissed or reduced.  One way to get your possession with intent to sell or deliver cannabis wax charge dismissed is by completing a Pre-Trial Diversion program.  Not every possession with intent to sell or deliver cannabis wax case is eligible for a Pre-Trial Diversion program.

Mandatory 1 Year Driver License Revocation

A conviction for a possession with intent to sell or deliver cannabis wax charge causes a mandatory 1 year driver license revocation.  It does not matter if a car was involved in the incident that led to the possession with intent to sell or deliver cannabis wax 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 Orlando possession with intent to sell or deliver cannabis wax case.

Former Prosecutor

As a former prosecutor Chris has an understanding of what can be important to the prosecutor in your Orlando possession with intent to sell or deliver cannabis wax 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 possession with intent to sell or deliver cannabis wax case.

Orlando Defense Lawyer Since 1999

Chris has been defending individuals in Orlando since 1999.  Being an Orlando defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Orlando that handle possession with intent to sell or deliver cannabis wax cases like yours.  Experience dealing with those judges and prosecutors is important in achieving the best results in your possession with intent to sell or deliver cannabis wax case.

Different Orlando Defense Lawyers Get Different Results

When you have been charged with possession with intent to sell or deliver cannabis wax in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you.  A possession with intent to sell or deliver cannabis wax 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 Orlando Possession With Intent To Sell Or Deliver Cannabis Wax 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 WITH INTENT TO SELL OR DELIVER CANNABIS WAX

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.

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 wax located?
  • How many people had access to where the cannabis wax was located?
  • Was the cannabis wax 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?

Orlando Possession With Intent To Sell Or Deliver Cannabis Wax Penalties

A conviction for a possession with intent to sell or deliver cannabis wax 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 possession with intent to sell or deliver cannabis wax 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

Pretrial Diversion

In Orange County, Florida there is one pretrial diversion programs for felony cannabis charges.

Orange County Pretrial Diversion Program For Possession With Intent To Sell Or Deliver Cannabis Wax Charges

If you successfully complete the Orange County Pretrial Diversion Program the charge(s) you were placed in the program for will be dismissed.

This a 12 month long program with the following requirements:

1.) You must refrain from violation of any federal, state or local law.  If you are arrested or charged with a crime while in the pretrial diversion program, you are subject to automatic revocation whether the crime occurred before or after the signing of the pretrial diversion contract.

2.) You must associate only with law abiding persons.

3.) You must work regularly at a lawful occupation; or pursue a course of studies as a full-time student, or both.  Employment must be verified by documentation only within the first 30 days of supervision.  Thereafter, employment verification shall be made every other month.

4.) You must take an active part in counseling and attend all scheduled appointments.  You must participate in and be responsible for program costs of any referrals your pretrial diversion officer recommends.  Referrals may include, but are not limited to participation in drug/alcohol counseling, a mental health evaluation, urine screenings, General Equivalency Diploma (GED)  and English for Speakers of Other Languages (ESOL).

5.) You must immediately inform the Pretrial Diversion Program of any anticipated or unanticipated change in your residence or your employment.  It is your obligation to notify the Pretrial Diversion Program of any change in your address and to comply with residence verification instructions.  Should it be determined that you have moved from your reported residence or changed employment, without notice to the Pretrial Diversion Program, and are no longer able to be contacted through your reported mailing address, you are subject to automatic revocation.  If you have been arrested in this case, you must also notify the Clerk of the Court for Orange County, Florida, preferably in writing, of your address change.  No Out-of-Country Travel will be approved while participating in the Pretrial Diversion Program.  All Notices, summonses, or other mail will be sent to your current address.  If you fail to appear in court due to paperwork being sent to an old address, a warrant may be issued for your arrest, and you may be revoked from the Pretrial Diversion Program.

6.) You will promptly and truthfully answer all questions directed to you by your Pretrial Diversion Program Officer.

7.) You must pay a Cost of Supervision fee of $20.00 a month to the State of Florida as required by Florida Statute Section 948.08 unless otherwise exempted in compliance with the Florida Statutes.  All monies collected by the Florida Department of Corrections will be subject to a 4% surcharge.  There will be a one-time drug testing fee of $30.00.

8.) You will complete 100 hours of Alternative Community Service (ACS).  ACS and all sanctions must be completed sixty days prior to the expiration of this contract or sixty days prior to any subsequent expiration date resulting from an extension or as determined by a Review Board Panel.

9.) Once the Defendant has satisfied all sanctions, early termination is acceptable.

10.) You must pay a $100.00 non-refundable cost of prosecution fee to the State of Florida within 60 days as required by Florida Statute Section 938.27.

11.) You will submit to a substance abuse evaluation and complete all recommended treatment.  If treatment is not recommended, you will attend and complete a Substance Abuse Education/Awareness Class.

12.) You will also submit to random urine screenings for drugs.  Any drug test with a positive result is a violation of the Pretrial Diversion Program Agreement, and may result in additional consequences or revocation from the Pretrial Diversion Program.

In order to be eligible for the Pretrial Diversion Program you must have no criminal history (arrests, convictions, or cases in which adjudication of guilt has been withheld, whether as a juvenile or adult), or if you have a prior criminal history, you must disclose it to the Pretrial Diversion Program.  If it is found that you not been fully candid on this issue, you are subject to revocation from the Pretrial Diversion Program.

If you fail to comply with any of the above conditions, your case may be subject to the following action, depending upon the violation.

  1. Your officer may extend the period of diversion to a term not to exceed 3 months from the date of the Pretrial Diversion Program Contract, or
  2. The Review Board may add additional special conditions or otherwise modify this contract, or
  3.  Revoke the Pretrial Diversion Program contract and the State Attorney will prosecute you for this offense.A Review Board comprised of an Assistant State Attorney and a representative of the Florida Department of Corrections, Pretrial Diversion Program, has been established for the purpose of reviewing any proposed revocation or modification of your Pretrial Diversion Program Contract.  Your Pretrial Diversion Officer will attend this hearing.  Modification of your Pretrial Diversion Program Contract may occur if you agree to the modification, by Review Board decision.  At Review Board Hearings, evidence establishing violations of conditions of the Pretrial Diversion Program Contract will be heard.  You will be given notice of this hearing and may attend and present any evidence you have in your defense and/or any evidence you have to establish matters in mitigation.  Failure to appear will result in automatic revocation from the Pretrial Diversion Program.  The Review Board, after hearing and considering all evidence, will render a decision in writing, citing the reasons for that decision.  All members of the Review Board must agree to revocation or modification.  In its written decision, the Review Board will state whether it has decided to revoked the Pretrial Diversion Program Contract or allow the Defendant to continue in the Pretrial Diversion Program.  If the agreement is modified, the modifications made by the Review Board will be stated.  If you are revoked from the Pretrial diversion Program, you will be prosecuted for the original criminal violation.  The Defendant is bound by the decision of the Review Board.  The Pretrial Diversion Contract is an agreement that is a deferral of prosecution.  If the terms of the agreement are met, the initial charge will be dropped and the State of Florida will be barred from prosecution.  If the terms of the agreement are violated, prosecution concerning any charge will proceed.

*Please note all program costs and fees are subject to change without notice.*

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